Agenda packet — Grover Beach City Council, April 14, 2025 (part 1 of 3)

No Documents for this Agenda Item
Proclamation for Dating and Domestic Violence
Awareness Month
Agenda Item No. 1
Proclamation for Dating & Domestic
Violence Month
(CC Mtg 4/14/2025)
AGENDA

GROVER BEACH CITY COUNCIL

GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET

GROVER BEACH, CALIFORNIA
MONDAY, APRIL 14, 2025, 6:00 PM
Next Resolution No .25-10
Next Ordinance No. 25-01
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's Office (805-473-4567) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.

CALL TO ORDER

FLAG SALUTE
ROLL CALL Council Members Kathy McCorry-Driscoll, Jules Tuggle, Clint Weirick, Mayor Pro Tem Robert Robert, and Mayor Kassi Dee

CLOSED SESSION ANNOUNCEMENTS
On Monday, March 24, 2025 at 9:26 p.m., the City Council met in Closed Session regarding the following item:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code section 54956.9.

One (1) Case.

Closed Session Announcements: At 9:45 p.m., Mayor Dee reconvened the meeting in open session with all Council Members present and announced there were no reportable action taken during Closed Session.

AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should adopt the agenda as presented or as revised by motion.

Meetings can be viewed on cable Channel 20 in Grover Beach and are live streamed on www.slospan.org. Members of the public may provide public comment via the phone during the meeting by calling (805) 321-6639 (the phone line will open just prior to the start of the meeting at 6:00 PM). Written public comments can be submitted via email to [email protected]. To ensure distribution to the City Council, please submit comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the City Council, posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not be read into the record.

Agenda: Grover Beach City Council Meeting Page 2
Monday, April 14, 2025

CEREMONIAL CALENDAR

1. Proclamation for Dating and Domestic Violence Awareness Month

2. Proclamation for National Community Development Week

PRESENTATIONS
None

PUBLIC COMMUNICATIONS
During this time, the Council will allow Public Communication. Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on, or discuss, items not on the agenda.

CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. Recommendations for each item are noted in parentheses. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Items withdrawn from the Consent Agenda will be heard after the rest of the Consent Agenda is approved.

3. Minutes of the City Council Meeting on Monday, March 24, 2025 – City Clerk Sims (Recommended Action: Approve the minutes as submitted or revised.)

VOICE VOTE

4. Award of Construction Contract: Ramona Garden Park Phases 1 and 2 – Public Works Director/City Engineer Ray and Capital Improvement Project Manager Wiggin (Recommended Action: Award a contract for construction of CIP 1259 Ramona Garden Park Phases 1 and 2, to Quincon, Inc. in the amount of $2,564,133; and authorize the City Manager to sign and affirm construction change orders up to an aggregate of $260,000; and authorize the Mayor to execute the contract on behalf of the City.)

ROLL CALL VOTE

5. Authorization to Purchase Ramona Garden Park Bandshell – Public Works Director/City Engineer Ray and Capital Improvement Project Manager Wiggin (Recommended Action: Authorize a purchase order in the amount of $130,533.55 for the bandshell associated with the Ramona Garden Park Rehabilitation Project, Phases 1 and 2 (CIP 1259).)

ROLL CALL VOTE

6. Approval of Final Subdivision Map, Condominium Map, Covenant, Conditions, and Restrictions, and Subdivision Improvement Agreement for Development Application 23- 50 (197 West Grand Avenue) – Public Works Director/City Engineer Ray, and Community Development Director Martin
(Recommended Action: Approve the Final Subdivision Map (TR-3233) for Development Application 23-50 (197 West Grand Avenue), Condominium Map, Covenant, Conditions, and Restrictions (CC&Rs), Subdivision Improvement Agreement; and authorize the City Clerk to sign and record the map; and direct the City Manager to enter into a Subdivision Improvement Agreement with the applicant (GB Trinity, LLC).)

ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 3
Monday, April 14, 2025

PUBLIC HEARING

7. Annual Master Fee Schedule Update – Administrative Services Director Szamet and Finance Manager Flores
(Recommended Action: Adopt a Resolution updating the Citywide Master Fee Schedule approving cost increases based on the Consumer Price Index and other changes to become effective July 1, 2025.)

ROLL CALL VOTE

REGULAR BUSINESS

8. West Grand Avenue Business Grant Award Recipients – City Manager Bronson (Recommended Action: Adopt a Resolution approving the list of recipients recommended for the West Grand Avenue business grant program and direct staff to disburse funds to recipients by April 30, 2025.)

ROLL CALL VOTE

9. Authorization of Proposition 218 Noticing and Hearing for Wastewater Utility Rate Increases – Administrative Services Director Szamet
(Recommended Action: Receive and file the final Wastewater Rate Study and authorize staff to commence a Proposition 218 noticing process and schedule a public hearing on June 9, 2025 to consider increases the City’s wastewater utility rates.)

COUNCIL COMMITTEE REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating.

SLO Council of Governments/SLO Regional Transit Authority Kassi Dee (Alt: Robert Robert) (SLOCOG / SLORTA)
South County Transit Committee Kassi Dee (Alt: Robert Robert) South SLO County Sanitation District (SSLOCSD) Kassi Dee (Alt: Clint Weirick) Central Coast Community Energy (3CE) Kathy McCorry-Driscoll (Alt: N/A) REACH Kathy McCorry-Driscoll (Alt: Robert Robert)
Visit SLO CAL Advisory Committee Kathy McCorry-Driscoll (Alt: Robert Robert) Air Pollution Control District (APCD) Robert Robert (Alt: Kassi Dee) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Kathy McCorry-Driscoll) Homeless Services Oversight Council (HSOC) Jules Tuggle (Alt: Clint Weirick) SLO County Water Resources Advisory Committee (WRAC) Jules Tuggle (Alt: Robert Robert) South County Chambers of Commerce Jules Tuggle (Alt: Robert Robert) Zone Three Advisory Committee Jules Tuggle (Alt: Robert Robert) California Joint Powers Insurance Authority (CJPIA) Clint Weirick (Alt: Kathy McCorry-Driscoll) Community Action Partnership of San Luis Obispo County Clint Weirick (Alt: Kassi Dee) (CAPSLO)
Five Cities Fire Joint Powers Authority Clint Weirick and Kassi Dee Agenda: Grover Beach City Council Meeting Page 4
Monday, April 14, 2025

COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.

CITY MANAGER’S REPORTS AND COMMENTS

CLOSED SESSION
None

ADJOURNMENT
* * * * *
Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action.
* * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours. * * * * *
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to an amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org

CITY OF GROVER BEACH

POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.

These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.

1.0 DECORUM AND ORDER – IN GENERAL

1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.

1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.

1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council from prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.

2.0 DECORUM AND ORDER – COUNCIL MEMBERS

2.1 Manner of Speaking.

Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.

U2.1(a) Questioning Staff.

A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.

U2.1(b) Interruptions.

Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.

3.0 DECORUM AND ORDER – STAFF

3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.

3.2 AAddressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.

4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC

4.1 AAddressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.

4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.

4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.

Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.

4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.

5.0 ENFORCEMENT OF DECORUM

5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.

5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

No Documents for this Agenda Item
Proclamation for National Community
Development Week
Agenda Item No. 2
Proclamation for Community
Development Week
(CC Mtg 4/14/2025)

MINUTES

CITY COUNCIL MEETING
MONDAY, MARCH 24, 2025
CALL TO ORDER Mayor Dee called the meeting to order at 6:00 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.

FLAG SALUTE The flag salute was led by Emma Mason, a 12-year-old, 6th grade student at Grover Beach Elementary School.

ROLL CALL
City Council: Council Members Kathy McCorry-Driscoll, Jules Tuggle, Clint Weirick, Mayor Pro Tem Robert Robert and Mayor Kassi Dee were present.

City Staff: City Manager Matthew Bronson, Assistant City Manager Kristin Eriksson, City Attorney Rob Lomeli, City Clerk Wendi Sims, Public Works Director/City Engineer Greg Ray, Administrative Services Director Nick Szamet, Community Development Director Megan Martin CIP Project Manager Erin Wiggin and Police Commander Aceves.

CLOSED SESSION ANNOUNCEMENTS
On Monday, March 10, 2025, at 8:28 p.m., the Council met in Closed Session regarding the following items:

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code section 54956.9
One (1) Case.

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Grover H2O, Debra Peterson, and Brenda Auer v. City of Grover Beach, et al. San Luis Obispo Superior Court Case 24CV-0264.

Government Code section 54956.9(d)(1).

Closed Session Announcements: At 9:16 p.m., Mayor Dee reconvened the meeting in open session with all Council Members present.

Action: It was motioned by Council Member McCorry-Driscoll and seconded by Council Member Tuggle authorizing City Attorney Robert Lomeli and the Law Firm of Lozano Smith to file a response to the motion for private attorney general fees brought by Grover H2O, Debra Peterson, and Brenda Auer against the City, in the amount of $151,630.56, and authorizing the City Attorney and the law firm of Lozano Smith to continue to defend, litigate and act on behalf of the City in this matter as reasonably required and to serve as the City’s designated representative. The motion carried on the following roll call vote
Agenda Item No. 3
Minutes: City Council Meeting Page 2
Monday, March 24, 2025
AYES: Council Members – McCorry-Driscoll, Tuggle, Weirick, Mayor Pro Tem Robert and Mayor Dee
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as presented.

CEREMONIAL CALENDAR

1. Proclamation for Month of the Child – accepted by Kimberly Aguirre, intern of the Early Care & Education Planning Council and Jane Pomeroy of CAPSLO.

PRESENTATIONS
None.

PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council but were not listed on the agenda.
• Mark Nelson
• Alana Reynolds
• Debbie Peterson
• Victor Johnson
• Loren Westphal
• John Wysong
No additional public comments were received at this time and the Mayor closed the public comment portion of the meeting.

CONSENT AGENDA
Prior to consideration of the Consent Agenda, Mayor Dee opened public comment. • Debbie Peterson
• Brenda Auer
• Loren Westphal
• Pamela Storton
Minutes: City Council Meeting Page 3
Monday, March 24, 2025
There being no additional public comments received; Mayor Dee closed public comment.

It was motioned by Council Member McCorry-Driscoll and seconded by Mayor Pro Tem Robert to approve Consent Agenda Item No.’s 2, 3, 4, 5, and 6 as recommended. The motion carried on the following roll call vote:

AYES: Council Members – McCorry-Driscoll, Tuggle, Weirick, Mayor Pro Tem Robert and Mayor Dee
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

2. Treasurer’s Report for the Period of February 1, through February 28, 2025 Action: Approved the Treasurer’s Reports as submitted.

3. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period February 1, through February 28, 2025
Action: Approved the Treasurer’s Reports as submitted.

4. Minutes of the City Council Meeting on Monday, March 10, 2025 Action: Approved the minutes as submitted.

5. FY 2025-27 Council Goals
Action: Approve the FY 2025-27 City Council Goals as directed by the City Council at the March 3, 2025 Council Goals Workshop.

6. 2024 Annual Report on the Status and Progress in Implementation of the General Plan
Action: Received and filed the General Plan Annual Progress Report and direct staff to submit the report to the State in accordance with statutory requirements.

PUBLIC HEARING
None.

REGULAR BUSINESS:

7. FY 2026-30 Capital Improvement Program Overview and Direction Mayor Dee read the title of the foregoing item and deferred to staff for a report.

CIP Manager Wiggin presented a PowerPoint presentation on the upcoming Capital Improvement Program.

Minutes: City Council Meeting Page 4
Monday, March 24, 2025
Mayor Dee invited public comment on this matter.
• Debbie Peterson
• Randall Myrick
• Alana Reynolds
• Elmer Dale
• Ron Arnoldsen
• Pamela Storton
• Loren Westphal
• Brenda Auer
No additional comments were received at this time and the Mayor closed public comment.

Action: City Council received the information on the draft Fiscal Year 2026-30 Capital Improvement Program (CIP) and provide direction to staff in finalizing the CIP for presentation in June; the K-14 projects are priority, and other streets will be put on hold and to go forward taking away any “ Central Coast Blue (CCB)” wording or will put it in a different location.

RECESS at 7:43 p.m., Mayor Dee requested a break, upon consensus of the City Council the meeting was recessed.

RECONVENED: At 7:52 p.m., the meeting was reconvened with all members of Council present.

8. Wastewater Utility Rate Study Report
Mayor Dee read the title of the foregoing item and deferred to staff for a report.

Administrative Services Director Szamet and Clayton Tucker the City’s consultant with Tucker and Associates presented a PowerPoint presentation on the wastewater utility rate study report.

Mayor Dee invited public comment on this matter.
• Debbie Peterson
• Randall Myrick
• Loren Westphal
• Jeff Bohrer
• Pamela Storton
• Brenda Auer
No further comments were received at this time and the Mayor closed public comment.

Action: Council received and filed the final Wastewater Utility Rate Study providing direction to staff to not borrow from other funds (interagency loans) and requested the Prop 218 noticing process to be in English and Spanish with ballot and an informational mailer.

Minutes: City Council Meeting Page 5
Monday, March 24, 2025
CONTINUATION OF PUBLIC COMMENT PERIOD The Mayor opened the floor to any member of the public for comment who did not speak during the initial public comment period on items of interest which were within the jurisdiction of the City Council but were not listed on the agenda. • Brenda Auer
• Ron Arnoldsen
• Pamela Storton
• Randall Myrick
• Kevin Maddocks
• Jeff Bohrer
• Louie Lewis
No additional public comments were received at this time and the Mayor closed the public comment portion of the meeting.

COUNCIL COMMITTEE REPORTS
A. Council Member McCorry-Driscoll stated she filled in for Mayor Pro Tem Robert and attended the Integrated Waste Management Authority (IWMA).

B. Council Member Tuggle reported on the Homeless Services Oversight Council (HSOC) meeting and the South County Chambers of Commerce meeting.

C. Council Member Weirick discussed attending the Community Action Partnership of San Luis Obispo (CAPSLO) meeting.

D. Mayor Pro Tem Robert thanked Council Member McCorry-Driscoll for attending the Integrated Waste Management Authority (IWMA) meeting.

COUNCIL COMMUNICATIONS
Council Member McCorry-Driscoll discussed State Measure SB456, the League of California Channel Counties dinner and that she will not be in attendance for the April 14th City Council meeting.

Council Member Tuggle thanked the public who stayed for the whole meeting and requested clarification on a few items that were discussed during public comment and that she was excited for the Easter basket hanout on April 12th at Ramona Garden Park.

Council Member Weirick mentioned he toured the PG&E Diablo Power Plant and attend the League of California Channel Counties dinner.

Mayor Pro Tem Robert noted the Grange pancake breakfast will be on April 6th and the Hancock Rodeo in Santa Maria will take place on March 29th and 30th. He also mentioned if anyone would like to know the history of the Grover Beach Chambers of Commerce, they can contact Anita Shower and/or Nan Fowler.

Minutes: City Council Meeting Page 6
Monday, March 24, 2025
Mayor Dee addressed a few items that were mentioned during Public Comment; mentioned the upcoming Bunny Blast on April 12th at Ramona and the option of future public art and murals in Grover Beach. She stated she attended the League of California Channel Counties dinner; the City Talk Forum and thanked City Manager Bronson for answering her questions from community members in a timely manner.

CITY MANAGER’S REPORT AND COMMENTS
City Manager Bronson responded to the questions that were mentioned during Public Comment regarding the West Grand Avenue public/workers parking, the center median and turning radius.

CLOSED SESSION
City Attorney Lomeli read Closed Session item into the record.

Mayor Dee invited public comment on this matter. No comments were received at this time and the Mayor closed public comment.

At 9:26 p.m., the City Council met in Closed Session regarding the following item:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code section 54956.9.

One (1) Case.

There being no further business to come before the City Council, Mayor Dee adjourned the meeting at 9:46 p.m.
_____________________________

KASSI DEE, MAYOR
Attest:
______________________________

WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 4

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 14, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Erin Wiggin, Capital Improvement Project Manager Greg Ray, Public Works Director/City Engineer
SUBJECT: Award of Construction Contract: Ramona Garden Park Rehabilitation Phases 1 and 2

RECOMMENDATION
Award a contract for construction of CIP 1259, Ramona Garden Park Rehabilitation Phases 1 and 2, to Quincon, Inc. in the amount of $2,564,133; and authorize the City Manager to sign and affirm construction change orders up to an aggregate of $260,000; and authorize the Mayor to execute the contract on behalf of the City.

BACKGROUND
Ramona Garden Park (“Park”) is a multi-use park, bounded by North 9th and North 10th Streets on the west and east, and Ramona and Brighton Avenues on the south and north, respectively.

The Park is the focal point for activities in Grover Beach and the South County, in general. Many public and private functions are held at the park such as the Stone Soup Music Festival and Street Fair and the City’s Summer Concert Series.

After an extensive community outreach effort beginning in 2019, the Council adopted the Ramona Garden Park Master Plan (“Master Plan”) in November 2020, which provides a “road map” for the City to guide future park improvements over a multi-year period along with implementation and construction of these improvements. The Master Plan has been further refined with a consultantled effort on the design and construction phasing of this project. The Master Plan is divided into four phases with Phases 1 and 2 of the project including installation of a playground, new restrooms, and amphitheater and bandshell. Phases 3 and 4 of the project are unfunded at this time and will include the main entrance with the memorial plaza and pickleball courts, respectively.

Following award of grant funding for Phases 1 and 2 for the project, the City issued a Notice to Bidders on December 19, 2024 for the construction of these phases and opened bids for the project on January 22, 2025. Attachment 1 shows the project map with these phases identified.

The City received three bids ranging from $2,564,133 to $2,814,116 as shown in Attachment 2, all of which were higher than the engineer’s estimate of $2,034,000 given increases in construction costs. Quincon, Inc. submitted the lowest responsive bid and staff has determined that they are qualified and capable of performing the work as specified in the contract shown in Attachment 3. For this reason, staff is recommending the Council award the construction contract to Quincon, Inc. Pending award of the contract, the project is anticipated to begin in June with construction lasting through early 2026. During the construction period, the affected section of the park will not be accessible to the public.

Staff Report: Award of Construction Contract for Ramona Park Rehabilitation Phases 1 and 2 Page 2 April 14, 2025

FISCAL IMPACT
The City has received a Community Development Block Grant (CDBG) award of $3.15 million for this project. Other funding proposed to be allocated to this project includes $282,541 from the Parks Construction Fund, $78,451 from the Parks Development Impact Fee Fund, and $100,129 from the Recreation Development Impact Fee Fund. These combined sources provide approximately $3.6 million in funding which leaves a gap of approximately $450,000 to fully fund construction given a revised total project cost of approximately $4 million for Phases 1 and 2.

While the Council has previously approved the use of General Fund reserves to close this funding gap, the City is working with the Grover Beach Community Foundation (Foundation) on a Ramona Garden Park Community Donation program to offset the amount of General Fund reserves ultimately needed. The Foundation is launching the public outreach for this donation program in conjunction with this award of contract.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Award a contract for construction of CIP 1259, Ramona Garden Park Rehabilitation Phases 1 and 2, to Quincon, Inc. in the amount of $2,564,133; and authorize the City Manager to sign and affirm construction change orders up to an aggregate of $260,000; and authorize the Mayor to execute the contract on behalf of the City; or

2. Delay award of the project and provide additional direction to staff; or

3. Reject all bids, modify the project, and re-advertise for bids as soon as possible.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Project Phasing

2. Bid Results

3. Contract and Contract Specifications; please note due to file size you may find the contract specifications here; a copy may also be requested from the City Clerk's Office.

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DATE SIGNEDSIGNATURE
www.wallacegroup.usPLANNINGCONSTRUCTION MANAGEMENTLANDSCAPE ARCHITECTUREMECHANICAL ENGINEERINGPUBLIC WORKS ADMINISTRATIONSURVEYING / GIS SOLUTIONSWATER RESOURCES 0 1 2 3
DESIGNERS:

DRAWING NO.

DATE:DRAWN BY:JOB #:

OF
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A
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1 2 3 4
5 5
Copyright © Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.

These plans and specifications, and the ideas and
designs incorporated herein, are instruments ofservice prepared for the construction of work shown hereon and shall not be used in whole or in part for
any other project without written authority of Wallace
Group, a California Corporation.
®
2009CITY OF GROVER BEACH

RAMONA GARDENS PARK
4 12/15/2022636-25BDHCPK
SHEETS
PHASE 1 LAYOUT
1 FILE NAME: 636-25 PHASING.DWG
020 40
(IN FEET)
10 GRAPHIC SCALE
1 IN = 20 FT
PHASE 1
PHASE 2 IMPROVEMENTS
AREA
PHASE 3
AREA
PHASE 4
AREA
Attachment 1
PP
/ / /
/ / /

GAS GAS GAS

O/H O/H O/H O/H O/H

O/H O/H O/H O/H

O/H O/H O/H O/H
O/H PP
PP
D D D
D
D
/ / /

O/H O/H O/H O/H O/H O/H O/H O/H PP
O/H
O/H
/
/
/
/
/
/
O/H
/
/
/
PP

SD SD SD SD SD SD SD
SD
F
F
F

F F F F
F
F

O/H O/H F F F F F F F O/H PP

O/H O/H O/HF
F
F
F F F
F
F
F
F
O/H
F

F PPO/H F F O F F F

DRAWING NO.

DATE:DRAWN BY:JOB #:

OF
1 2 3 4
A
B
C
D
1 2 3 4
5 5
Copyright © Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.

RAMONA GARDENS PARK
4 12/15/2022636-25BDHCPK
SHEETS
PHASE 2 LAYOUT
2 FILE NAME: 636-25 PHASING.DWG
020 40
(IN FEET)
10 GRAPHIC SCALE
1 IN = 20 FT
PHASE 1
PHASE 2 IMPROVEMENTS

IMPROVEMENTS
PHASE 3
AREA
PHASE 4
AREA
/ / /
/ / /

GAS GAS GAS

O/H O/H O/H O/H O/H

O/H O/H O/H O/H

O/H O/H O/H O/H
O/H
D D D
D
D
/ / /

O/H O/H O/H O/H O/H O/H O/H O/H
O/H
O/H
/
/
/
/
/
/
O/H
/
/
/

SD SD SD SD SD SD SD
SD
F
F
F

F F F F
F
F

F F F F F F F
O/H
O/H
O/H
/
/
/

O/H O/H F

O/H O/H O/H O/H O/H O/H O/H O /H O/H O/H O/H

O/H O/H O/HF
F
F

F F F F
F
F

F F F F F F

DRAWING NO.

DATE:DRAWN BY:JOB #:

OF
1 2 3 4
A
B
C
D
1 2 3 4
5 5
Copyright © Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.

RAMONA GARDENS PARK
4 12/15/2022636-25BDHCPK
SHEETS
PHASE 3 LAYOUT
3 FILE NAME: 636-25 PHASING.DWG
020 40
(IN FEET)
10 GRAPHIC SCALE
1 IN = 20 FT
PHASE 1
PHASE 2 IMPROVEMENTS

IMPROVEMENTS
PHASE 3

IMPROVEMENTS
PHASE 4
AREA
/ / /
/ / /

GAS GAS GAS

O/H O/H O/H O/H O/H

O/H O/H O/H O/H

O/H O/H O/H O/H
O/H
D D D
D
D
/ / /

O/H O/H O/H O/H O/H O/H O/H
/
O/H/ /
/
/
/

SD SD SD SD SD SD SD
SD
F
F
F

F F F F
F
F

F F F F F F F
X
X
X X
X
XX
X
XX
X

O/H O/H O/H O/H O/H O/H O/H O /H X X X X X X X X X X
X

O/H O/H F O/H O/H O/H

O/H O/H O/HF
F
F

F F F F
F
F

F F F F F F

DRAWING NO.

DATE:DRAWN BY:JOB #:

OF
1 2 3 4
A
B
C
D
1 2 3 4
5 5
Copyright © Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.

RAMONA GARDENS PARK
4 12/15/2022636-25BDHCPK
SHEETS
PHASE 4 LAYOUT
4 FILE NAME: 636-25 PHASING.DWG
020 40
(IN FEET)
10 GRAPHIC SCALE
1 IN = 20 FT
PHASE 1
PHASE 2 IMPROVEMENTS

IMPROVEMENTS
PHASE 3

IMPROVEMENTS
PHASE 4

IMPROVEMENTS
Bid Opening Date: Wednesday, January 22, 2025 @ 3:00 p.m.

Bids for: Project_CIP 1259
Sealed Bids Received from:

No. Company Name & Address Total Base Bid
(Page 7)
1 R. Burke Corporation
P.O. Box 957
San Luis Obipos, CA 93406
$2,579,168.00
2 J.F. Will Company, Inc.
2640 Industrial Parkway, Suite 100
Santa Maria, CA 93455
$2,763,813.00
3 Quincon
P.O. Box 1029
Grover Beach, CA 93483
$2,564.133.00
4 5
6 7
*Bid results are subject to verification by engineering.

City of Grover Beach Bid Opening Results
1/22/2025 1 of 2
Attachment 2
4879-0800-7090, v. 1

CITY OF GROVER BEACH
County of San Luis Obispo
State of California

NOTICE TO BIDDERS

SPECIAL PROVISIONS

BID AND

CONTRACT
for
RAMONA GARDEN PARK IMPROVEMENTS PHASE 1 & 2
CIP 1259
December 17, 2024
Bids Open: WEDNESDAY, JANUARY 22, 2025 @ 3:00 p.m.

Approved:
12/17/24__
Gregory A. Ray, P.E., Director of Public Works Date
RCE 58186
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Attachment 3
1 | Page Ramona, CIP 1259

TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................................................................................ 1 NOTICE TO BIDDERS ................................................................................................................................................................. 2 REQUIRED BID DOCUMENTS .................................................................................................................................................... 5 BID FORM............................................................................................................................................................................6 BID INFORMATION..............................................................................................................................................................7 BID QUANTITIES AND BID AMOUNTS .................................................................................................................................8 IRAN CONTRACTING ACT CERTIFICATION.........................................................................................................................10 ADDITIONAL REQUIRED INFORMATION............................................................................................................................11 SIGNATURES......................................................................................................................................................................12 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION – BIDDER .....................................................................................13 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION – SUBCONTRACTOR ....................................................................14 NONCOLLUSION AFFIDAVIT ..............................................................................................................................................15 DEBARMENT AND SUSPENSION CERTIFICATION ..............................................................................................................16 LIST OF SUBCONTRACTORS...............................................................................................................................................17 QUESTIONNAIRE ...............................................................................................................................................................18 BIDDER'S BOND.................................................................................................................................................................19 PROJECT REFERENCES .......................................................................................................................................................20 CDBG BID REQUIREMENTS (SEE APPENDICES)..................................................................................................................21 REQUIRED CONTRACT DOCUMENTS....................................................................................................................................... 22 PERFORMANCE BOND.......................................................................................................................................................23 PAYMENT BOND................................................................................................................................................................25 GUARANTY ........................................................................................................................................................................27 AGREEMENT......................................................................................................................................................................28 LABOR COMPLIANCE MANUAL AND SECTION 3 MANUAL (SEE APPENDICES) .................................................................31 SPECIAL PROVISIONS.............................................................................................................................................................. 32 SECTION 1. SPECIFICATIONS AND PLANS .........................................................................................................................32 SECTION 2. BID REQUIREMENTS AND CONDITIONS .........................................................................................................38 SECTION 3. AWARD AND EXECUTION OF CONTRACT .......................................................................................................43 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, LIQUIDATED DAMAGES, HOURS OF WORK, NIGHT WORK, AND SCHEDULED SUSPENSION..........................................................................................................................................44 SECTION 5. GENERAL .......................................................................................................................................................45 SECTION 6. MEASUREMENT AND PAYMENT.....................................................................................................................58 SECTION 7. REFERENCE INFORMATION............................................................................................................................63 SECTION 8. MATERIALS.....................................................................................................................................................64 SECTION 9. DESCRIPTION OF WORK .................................................................................................................................65 SECTION 10. TECHNICAL SPECIFICATIONS .........................................................................................................................66

APPENDICES
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 2 | Page Ramona, CIP 1259
City of Grover Beach
State Of California
- - - - - - - - - - - - - - -

NOTICE TO BIDDERS
Sealed bids will be received by the City Clerk of the City of Grover Beach (“City”) at the City Clerk’s Office at 154 South 8th Street, Grover Beach, CA 93433 until 2:00 p.m. on the clock designated by the Owner or its representative as the bid clock, on January 22, 2025. No bid will be accepted by the Owner after this time. Facsimile (FAX) copies of the bid will not be accepted. Promptly thereafter, all bids that have been duly received will be publicly opened and read aloud for furnishing to said City all labor, materials, equipment, transportation, services and supplies necessary to construct and complete the construction of the:

RAMONA GARDEN PARK IMPROVEMENTS PHASE 1 & 2
CIP 1259
General Work Description: In general, the Base Bid Work shall include removal of existing turf, site grading, proposed playground area with rubber surfacing, concrete pedestrian paths, picnic tables, benches, premanufactured restroom building, utility services to restroom, bandshell and concrete stage, concrete seat wall amphitheater, stormwater infrastructure, proposed landscaping and irrigation, site lighting.

The estimated opinion of probable construction cost for this Base Bid Work is approximately $2,000,000.00.

Conditions of Submitting a Bid: Bids are required for the entire Work described herein.

The Contractor shall possess a Class A license at the time this Contract is awarded through Contract acceptance and all applicable warranty periods.

The Contractor and all subcontractors will be required to obtain a City Business Tax Certificate by the time the Contract is awarded.

This Contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990.

The successful bidder will be allowed to substitute securities or establish an escrow in lieu of retainage, pursuant to Public Contract Code Section 22300, and as described in the Agreement Between Owner and Contractor and General Conditions.

Notice to Bidders, Plans, Special Provisions, and Bid Forms may be inspected at the Public Works Office in Grover Beach, California, and copies of said documents may be obtained on the City’s website at https://www.grover.org/Bids.aspx. No bid will be received unless it is made on a Bid Form furnished by the City. Bids received via FAX will not be considered.

Each bid shall be accompanied by cash, certified or cashier’s check, or bidder’s bond for not less than ten percent (10%) of the amount of the base bid, made payable to the City.

The lowest bid shall be determined on the amount of the base bid. 3:00 pm
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 3 | Page Ramona, CIP 1259
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/OPRL/PWD/. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

The project is federally funded thus Davis Bacon requirements will be enforced. Federal minimum prevailing wage rates, as predetermined by the U.S. Department of Labor have been attached to this bid documents.

If there is a difference between the federal minimum wage rates predetermined by the U.S. Department of Labor and the Prevailing Wage Rates determined by the Director of the Department of Industrial Relations of the State of California for similar classifications of labor, the Contractor and his subcontractor shall pay no less than the higher wage rate. Additionally, the prime contractor (and their subcontractors) will be required to be registered with the System of Award Management (SAM.gov) prior to work commencing.

A pre-bid site visit is not required. By submitting a bid, the contractor confirms that they have conducted a site visit and that any questions or clarifications regarding the bid documents have been submitted in writing to the city.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

For all projects over Twenty-Five Thousand Dollars ($25,000), a contractor or subcontractor shall not be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104 unless currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code. For all projects over Twenty-Five Thousand Dollars ($25,000), a contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work and proof of registration is provided.

Notice is also hereby given that any or all bidders may be required to furnish a sworn statement of their financial responsibility, technical ability and experience before award is made to any particular bidder.

The Contract Time shall be two hundred (200) working days, and liquidated damages for delay shall accrue.

Bidders shall contact the City’s Department of Public Works office at [email protected] the day prior to bid opening to obtain any bidding addenda information. Submittal of a signed bid shall be evidence that the Bidder has obtained this information and that the bid is based on any changes contained therein.

Submittal of Bidder’s Inquiries: Inquiries or questions based on alleged patent ambiguity of the plans, specifications or estimate must be communicated as a bidder inquiry prior to bid opening.

Pursuant to the Contract Documents, the successful bidder will be required to furnish a Payment (Labor and Material) Bond in the amount of one hundred percent (100%) of the Contract Sum, and a Faithful Performance Bond in the amount of one hundred percent (100%) of the Contract Sum.

Bidder’s inquiries shall be submitted in writing via e-mail to the City of Grover Beach, Public Works Department, at [email protected]. The cutoff time that the City will accept bidder’s inquiries is 5:00 p.m. on the fifth City business day prior to the bid opening date. The City will respond to bidder’s inquires via bidding addenda. Any such inquiries, submitted after the cutoff time of receiving bidder’s inquiries, will not be treated as a bid protest.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 4 | Page Ramona, CIP 1259
Bid Submittal Instructions: On the outside of the bid envelope the Bidder shall indicate the following:

1. Name and Address of Bidder

2. Name of project on which bid is submitted

3. Date and time of bid opening
The right is reserved by the City to reject any or all bids and to evaluate the bids submitted. The City further reserves the right to waive any informalities or minor irregularities in the bid.

No bidder may withdraw his bid for a period of sixty (60) working days after the date set for the opening thereof.

Dated this 17th day of December 2024, at the City of Grover Beach, California.

City of Grover Beach

STATE OF CALIFORNIA

Gregory A. Ray, P.E.

Public Works Director/City Engineer
Notice to be published twice in a newspaper of general circulation printed and published in the City, with the first publication at least ten days before the bid deadline, and with the second publication at least five days later; or if no such newspaper, then posted in at least three public places in the City that have been designated by ordinance for posting (Public Contract Code §20164):

First Publication: Thursday, December 19, 2024, in New Times Second Publication: Thursday, December 26, 2024, in New Times Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 7 | Page Ramona, CIP 1259
BID FORM (cont.)

BID INFORMATION
Bids are submitted for the entire Work. The amount of the bid for the entire Work will be the total of all the subtotals for line items.

The subtotal of each line item will be determined by multiplying the unit price bid for the item by the estimated quantity for the item. The Bidder shall set forth for each line item of Work, in clearly legible figures, a unit price and a subtotal price for that item in the respective spaces provided for this purpose.

In case of discrepancy between the unit price for an item and the subtotal set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, then the subtotal amount set forth in the "Item Total" column for the item shall prevail in accordance with the following:

1. As to lump sum items (in other words, the estimated quantity is one), the subtotal amount set forth in the "Item Total" column shall be the item price.

2. As to unit price items (in other words, the estimated quantity is more than one), the subtotal amount set forth in the "Item Total" column shall be divided by the estimated quantity for the item, and the resulting price shall be the unit price.

The City reserves the right to reject any and all bids.

The BASIS OF AWARD of the Contract will be the lowest, responsive, and responsible “BASE BID AMOUNT” (see below). The City, at its sole discretion, may or may not elect to award the contract, and may or may not elect to include any Alternate Bid Scopes in the contract.

If this bid shall be accepted and the undersigned shall fail to enter into the Contract, to provide the certificate(s) of insurance and endorsement(s) as required by these Special Provisions, and to give the specified Payment Bond and Performance Bond with a surety that is satisfactory to the City, within ten (10) days, not including Saturdays, Sundays and legal holidays, after the Bidder has received notice from the City that the Contract has been awarded, the City may, at its option, determine that the Bidder has abandoned the Contract, and thereupon this bid and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this bid shall operate and the same shall be the property of the City.

The undersigned, as Bidder, declares under penalty of perjury that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the Work, the annexed proposed form of contract and the plans therein referred to; and he proposes, and agrees, if this bid is accepted, that he will contract with the City in the form of the copy of the Contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the Work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment the prices below.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 21 | Page Ramona, CIP 1259

CDBG BID REQUIREMENTS (SEE APPENDICES)
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 22 | Page Ramona, CIP 1259

REQUIRED CONTRACT DOCUMENTS
The CONTRACT DOCUMENTS shall include, but not be limited to, the following:
 GUARANTY
 AGREEMENT
 BID FORM
 BID BOND
 NOTICE TO BIDDERS
 SPECIAL PROVISIONS
 CALTRANS 2010 STANDARD SPECIFICATIONS
 CITY STANDARD DRAWINGS AND SPECIFICATIONS
 PROJECT DRAWINGS AND SPECIFICATIONS
 PERFORMANCE BOND (form provided by City)
 PAYMENT BOND (form provided by City)
 Insurance Certificate(s) and Endorsement(s)
 LABOR COMPLIANCE MANUAL AND SECTION 3 MANUAL (see appendices) Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 23 | Page Ramona, CIP 1259

PERFORMANCE BOND
Bond Number: ___________
KNOW ALL MEN BY THESE PRESENTS that we, ____________________, as Principal, and ___________________________, as Surety, are held and firmly bound unto the City of Grover Beach, in the County of San Luis Obispo, State of California, hereinafter called the “Owner,” in the sum of ___________________________________ Dollars ($______________) for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, to the Owner for the full performance of a certain contract with the Owner, the terms of which are incorporated herein by reference, dated January 22, 2025, for construction of the RAMONA GARDEN PARK IMPROVEMENTS PHASE 1 & 2 CIP 1259. (the “Contract”).

The condition of this obligation is such that, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term of said Contract and any extensions thereof that may be granted by the Owner, with or without notice to the Surety, and for the period of time specified in the Contract after completion for correction of faulty or improper materials and workmanship and during the life of any guaranty or warranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreement of any and all duly authorized modifications of said Contract that may hereafter be made, then this obligation is to be void, otherwise to remain in full force and virtue.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work, or to the specifications.

No further agreement between Surety and Owner shall be required as a prerequisite to the Surety performing its obligations under this bond. In the event that the Surety elects to complete the Work of the Contract after termination of the Contract by Owner, the Surety may not hire Principal, or any of Principal’s owners, employees, or subcontractors, to perform the Work without the written consent of Owner, and the Owner may grant or withhold such consent within its sole discretion.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this ________ day of __________________, 20__, hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(To be signed by )
(Principal and Surety, )
(and acknowledged and )
(Notarial Seal attached )
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 24 | Page Ramona, CIP 1259
(Affix Corporate Seal)
________________________
(Individual Principal)
________________________
(Business Address)
(Affix Corporate Seal) ________________________
(Corporate Principal)
________________________
(Business Address)
(Affix Corporate Seal) ________________________
(Corporate Surety)
________________________
(Business Address)
________________________
By:_____________________
________________________
The rate of premium on this bond is _____________ per thousand.

The total amount of premium charged is ______________________.

The above must be filled in by Corporate Surety.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 25 | Page Ramona, CIP 1259

PAYMENT BOND
(Labor and Material)
Bond Number: ______________
KNOW ALL MEN BY THESE PRESENTS:

That WHEREAS, the City of Grover Beach (the “Owner” of the public works contract described below) and ____________________________________, hereinafter designated as the “Principal,” have entered into a Contract for the furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to construct
the CIP 1259 Contract, at RAMONA GARDEN PARK which consists of RAMONA GARDEN PARK IMPROVEMENTS PHASE 1 & 2.
which said agreement dated January 22, 2025, and all of the Contract Documents are hereby referred to and made a part hereof; and
WHEREAS, the Principal is required, before entering upon the performance of the work, to file a good and sufficient bond with the body by whom the Contract is awarded to secure the claims arising under said agreement.

NOW, THEREFORE, THESE PRESENTS WITNESSETH:

That the said Principal and the undersigned ____________________________________ (“Surety”) are held and firmly bound unto all laborers, material men, and other persons, and bound for all amounts due, referred to in Civil Code section 9554, subdivision (b), in the sum of ________________________________________ Dollars ($__________) which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, by these presents.

The condition of this obligation is that if the said Principal or any of its subcontractors, or the heirs, executors, administrators, successors, or assigns of any, all, or either of them, shall fail to pay any of the persons named in Civil Code section 9100, or any of the amounts due, as specified in Civil Code section 9554, subdivision (b), that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay costs and reasonable attorney's fees to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

And the said Surety, for value received, thereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said contract or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 26 | Page Ramona, CIP 1259
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety this _______ day of _________________, 20__.
(To be signed by )
(Principal and Surety, )
(and acknowledged and )
(Notarial Seal attached )
________________________
Principal
________________________
________________________
Surety
________________________
By:_____________________
Attorney-in-Fact
________________________
The above bond is accepted and approved this ____ day of _________________.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 27 | Page Ramona, CIP 1259
(The Bidder shall submit this guaranty with its signature with its bid).

GUARANTY
To The City of Grover Beach
For
RAMONA GARDEN PARK IMPROVEMENTS PHASE 1 & 2
CIP 1259
THE UNDERSIGNED guarantees the construction and installation of all work performed under this Contract.

SHOULD any of the material or equipment prove defective or should the Work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the Work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve (12) months after Completion, the undersigned agrees to reimburse the City of Grover Beach, upon demand, for its expenses incurred in restoring said Work to the condition contemplated in said project, including the cost of removing and replacing any other Work necessary to make such replacement or repairs, or, upon demand by the City of Grover Beach, to replace any such material and to repair said Work completely without cost to the City of Grover Beach so that said Work will function successfully as originally contemplated.

THE CITY OF GROVER BEACH shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said Work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with its obligations under this guaranty, the City of Grover Beach shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of said failure or refusal.

Date: ________________________ _______________________________________

CONTRACTOR
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 4/3/2025
28 | P a g e Ramona, CIP 1259
The City of Grover Beach

STATE OF CALIFORNIA
- - - - - - - - - - - - - - - - - -

AGREEMENT
for
RAMONA GARDEN PARK IMPROVEMENTS PHASE 1 & 2
CIP 1259
THIS AGREEMENT is made and concluded between the CITY OF GROVER BEACH (“City”) and QUINCON, INC. (“Contractor”) this 14th day of April, 2025 (“Agreement”).

ARTICLE I -- WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, to construct this Project in accordance with the Contract Documents (as defined in the Special Provision). In the absence of specific standards referenced in the foregoing, water system work and materials shall comply with AWWA Standards. Labor Surcharges and the Equipment Rental Rates and General Prevailing Wage Rates of the STATE OF CALIFORNIA, Business and Transportation Agency, Department of Transportation shall apply to all Work except as modified herein. All provisions of the Contract Documents for the Ramona Garden Park Improvements Phase 1 & 2 Project, CIP # 1259 (herein also referred to as “the Project”) are hereby specially and incorporated into this Agreement by reference and together with the Agreement form the “Contract.”
ARTICLE II -- The City hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices, hereinafter set forth and hereby contracts to pay the same at the time, in the manner and upon the Conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE III -- The statement of prevailing wages as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 and which is filed at the principal office of the said party of the first part in accordance with the requirements of Section 1773.2 of said Code is hereby specifically referred to and by this reference is made a part of this Contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 29 | P a g e Ramona, CIP 1259
ARTICLE IV -- Contractor certifies that it is aware of the provisions of Section 1725.5 of the Labor Code requiring every contractor and subcontractor, awarded work on this project, be registered with the Department of Industrial Relations and as such is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

ARTICLE V -- Contractor certifies that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the Work of this Contract.

ARTICLE VI -- Contractor agrees to receive and accept two million five hundred sixty-four thousand one hundred thirty-three dollars $2,564,133 as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the City and for all risks of every description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of Work and for well and faithfully completing the Work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them. Payment shall be made as provided in the Contract Documents.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 30 | P a g e Ramona, CIP 1259
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written.

The City of Grover Beach

STATE OF CALIFORNIA
_______________________________________
Kassi Dee, Mayor Date
ATTEST:
________________________________________
Wendi Sims, City Clerk Date
APPROVED AS TO FORM:
________________________________________
Robert Lomeli, ESQ., City Attorney Date
CONTRACTOR:
_______________________________________
NAME, Date
Licensed in accordance with an act providing for the registration of contractors, License No. ______
California Department of Industrial Relations (DIR),
Registration No.
_______________________________________
Date
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D President
1000024658
4/3/2025
4/4/2025
31 | P a g e Ramona, CIP 1259
LABOR COMPLIANCE MANUAL AND SECTION 3 MANUAL (SEE APPENDICES) Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 32 | Page Ramona, CIP 1259
City of Grover Beach

STATE OF CALIFORNIA
- - - - - - - - - - - - - - - - - -

SPECIAL PROVISIONS
for
RAMONA GARDEN PARK IMPROVEMENTS PHASE 1 & 2
CIP 1259
SECTION 1. SPECIFICATIONS AND PLANS

1.01 GENERAL
The Work embraced herein shall be done in accordance with the State of California Department of Transportation Standard Specifications dated 2010 (“Standard Specifications” or “CalTrans Standard Specifications”), except as modified by these Special Provisions, the Construction Drawings, the City of Grover Beach Standard Drawings and Specifications and the Contract annexed hereto. In the absence of specific standards referenced in the foregoing, water system work and materials shall comply with AWWA Standards. Labor Surcharges and the Equipment Rental Rates and General Prevailing Wage Rates of the STATE OF CALIFORNIA, Business and Transportation Agency, Department of Transportation shall apply to all work except as modified herein.

The State Standard Specifications are hereby amended, such that, any reference to mandatory use of the International System of Units (SI) (Metric Units), is understood to allow use of United States Standard Measurers (English Units), as directed by the Engineer.

In case of conflict between the City’s plans and drawings for this Project (“Construction Drawings”), the Standard Specifications of the City of Grover Beach (“City Standard Specifications”), the CalTrans Standard Specifications, these Special Provisions, and any other Contract Documents, these Special Provisions shall take precedence, after which the Construction Drawings shall take precedence, after which the City Standard Specifications shall take precedence, after which any other Contract Document besides the CalTrans Standard Specifications shall take precedence; except that for purposes of determining the low bidder and the contract price, the estimated item quantities in the Bid Form shall take precedence over the other Contract Documents.

1.02 DEFINITIONS AND TERMS
Abbreviations and terms, or pronouns in place of them, as used in the specifications and other contract documents, shall have the meaning specified in Section 1, "General", of the Standard Specifications or as modified hereinafter in Sections 1.03 and 1.04 of these Special Provisions.

1.03 ABBREVIATIONS ON THE DRAWINGS
Wherever on the drawings the following abbreviations are used, they shall be understood to mean the following:

Drawing Abbreviations and their Meanings
ABAND, ABAND’D – Abandon, Abandoned
ABS – Acrylonitrile-Butadiene-Styrene (pipe)
AC – Asphalt Concrete
ACP – Asbestos Cement Pipe
ALUM – Aluminum
APPD – Approved
AV, Air-Vac – Air-Vacuum and Air Release Valve
BC – Begin Curve, Bolt Circle or Between
Centers
BCR – Begin Curve Return
BM – Beam or Bench Mark
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 33 | Page Ramona, CIP 1259
BNDY – Boundary
BO – Blowoff Assembly
BR – Brass
BV – Butterfly Valve
BVC – Begin Vertical Curve
CAP – Capacity
CB – Concrete Block
CC – Center to Center
CFM – Cubic Feet per Minute
CFS – Cubic Feet per Second
C&G – Curb and Gutter
CIP – Cast Iron Pipe or Capital Improvement
Project
CL – Chain Link, Clearance, Centerline, or Class
CMP – Corrugated Metal Pipe
CO – Cleanout
COMM - Communication
COMP – Compaction
CONC – Concrete or Concentric
COND – Conduit or Condition
CONSTR – Construction or Construct
CONT – Continued or Continuous
CONTR – Contractor
COR – Corner
COTG – Cleanout to Grade
CPLG – Coupling
CU – Copper or Cubic
CY – Cubic Yard
DIP – Ductile Iron Pipe
DIA – Diameter
DWG – Drawing
E – East or Electric
EA – Each
EBR – End Berm Return
EC – End Curve
ECC – Eccentric
ECR – End Curb Return
EFF – Effluent or Efficiency
EGL – Energy Grade Line
EL, ELEV – Elevation
ELEC – Electrical or Electronic
ELL – Elbow
= - Equal
EQIP – Equipment
ESM’T – Easement
EVC – End Vertical Curve
EX, EXIST – Existing
EXT – Exterior
FB – Flat Bar, Floor Beam or Field Book
F&C – Frame and Cover
FG – Finished Grade or Finished Ground
FH – Fire Hydrant
FIG – Figure
FL – Flowline
FLG – Flange
FLGD – Flanged
FLR – Floor
FM – Force Main (sewer)
FO – Fiber Optic
FP – Finished Pavement
FS – Finished Surface
FT – Feet or Foot
FTG – Footing
FUT – Future
G – Gas
GA – Gage or Gauge
GAL – Gallon
GALV – Galvanized
GIP – Galvanized Iron Pipe
GPM – Gallons per Minute
GRD – Grade or Ground
GB, GB BRK – Grade Break or Grade Change
> - Greater Than
> - Greater Than or Equal To
GV – Gate Valve
HB – Hose Bib
HCS – House Connection Sewer
HDPE – High Density Polyethylene (pipe)
HDR – Header
HGL – Hydraulic Grade Line
HLS – House Lateral Sewer
HORIZ – Horizontal
HP – Horsepower or High Point
HYD – Hydraulic or Hydrant
ID – Inside Diameter
IN – Inch or Inches
INFL – Influent
INV – Invert
INV EL – Invert Elevation
IP – Iron Pipe
IPS – Iron Pipe Size
IRRIG – Irrigation
JP – Joint Pole or Joint Pipe
JT – Joint
KW – Kilowatt
KWH – Kilowatt Hour
L – Liter
LB, # – Pound
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 34 | Page Ramona, CIP 1259
LF – Linear Feet
LT – Left
< - Less Than
< - Less Than or Equal To
M – Meter
MAX – Maximum
MB – Mailbox
MEC JT, MJ – Mechanical Joint
MEE – Machined Each End
MFR – Manufacturer
MFR’D – Manufactured
MGD – Million Galls per Day
MH – Manhole
MIN – Minimum
MISC – Miscellaneous
MOA – Machined Over All
MTD – Mounted
N – North
NC – Normally Closed
NO – Number or Normally Open
# - Number or Pound
NPS – Nominal Pipe Size (formerly IPS)
NPT – National Pipe Thread
NRS – Non-Rising Stem
NTS – Not to Scale
OC – On Center
OD – Outside Diameter
O/H or OH - Overhead
OS&Y – Outside Screw and Yoke
OZ – Ounce
P – Pole
PCC – Portland Cement Concrete
PE – Plain End or Polyethylene
PIP – Protect-in-Place
PL – Plate, Property Line or Place
PP – Power Pole
PPM – Parts per Million
PRESS – Pressure
PROD – Products
PROP’Y – Property
PSF – Pounds per Square Foot
PSI – Pounds per Square Inch
PSIG – Pound per Square Inch Gauge
PTDF – Pressure Treated Douglas Fir
PVC – Polyvinyl Chloride (pipe)
PVMT – Pavement
R – Radius, Riser or Return, Rate of Slope
RAD – Radial
RC – Reinforced Concrete
RCP – Reinforced Concrete Pipe
RD – Road or Round
RDWD – Redwood
RED – Reducer
REINF – Reinforcing or Reinforced
REL COMP – Relative Compaction
RE-STL, REBAR – Reinforcing Steel
REQD, REQ’D – Required
RESTR’D – Restrained
RET WL – Retaining Wall
REV – Revision
RPM – Revolutions per Minute or Reinforced
Plastic Mortar Pipe
RS – Resilient Seated
RT – Right
R/W, ROW – Right-of-Way
S – South or Sewer
S X S – Slip by Slip or Socket by Socket
S X T – Slip by Thread or Socket by Thread
SCR’D – Screwed
SCH – Schedule
SD – Storm Drain
SECT – Selection or Select
SF – Square Feet
SHT – Sheet
SM – Survey Monument
SPECS – Specifications
SPEC PROV – Special Provisions
SQ – Square
SS – Sanitary Sewer
STA – Station
STD – Standard
STL – Steel
STN – Stainless
STRUCT – Structural or Structure
SW – Sidewalk
SY – Square Yard
SYM – Symmetrical or Symbol
T – Thermostat, Tangent or Telephone
T X T – Thread by Thread
TB – Thrust Block or Top of Bank
TBM – Temporary Bench Mark
TC – Top of Curb
TEMP – Temporary
TH – Thick or Thickness
THR’D – Threaded
TM – Telemetry
TP – Telephone Pole or Turning Point
TRANS – Transition or Transmitter
TS – Toe of Slope
TV – Television Cable
TW, TOW – Top of Wall
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 35 | Page Ramona, CIP 1259
TYP – Typical
T&G – Tongue and Grove
UG – Underground
V – Valve, Volt or Volume
VAR – Varies or Variable
VCP – Vitrified Clay Pipe
VERT – Vertical
VOL – Volume
W – West, Watt or Water
W/ - With
WL – Water Line or Water Level
WM – Water Meter
WS – Water Surface, Water Service
WSEL – Water Surface Elevation
WT – Weight
WV – Water Valve, Water Valve Box
WWM – Welded Wire Mesh
X – By or Times
XS – Extra Strong
YD – Yard
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 36 | Page Ramona Garden Park Rehabilitation Project, CIP 1259

1.04 TERMS IN THE CALTRANS STANDARD SPECIFICATIONS
Wherever in the CalTrans Standard Specifications the following terms, or pronouns in place of them, are used, they shall be understood to mean the following:

DEPARTMENT OF TRANSPORTATION, or DEPARTMENT - The City of Grover Beach.

DIRECTOR OF TRANSPORTATION, or DIRECTOR - The Public Works Director/City Engineer acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

ENGINEER - The Public Works Director/City Engineer acting either directly or through properly authorized agent(s), such agent(s) acting within the scope of the particular duties delegated to them.

Willdan is the authorized agent serving the City as ENGINEER.

ENGINEER'S ESTIMATE - The list of estimated quantities of Work to be performed as contained in the Bid Form.

HIGHWAY- The entire right-of-way, easement or property which is secured for use in constructing the improvements for this project.

STATE - The City of Grover Beach.

STATE AGENCIES - Whenever, in the Standard Specifications, reference is made to any STATE agency or officer, such reference shall be deemed made to any agency or officer whether STATE, County, City or Services City succeeding in accordance with law or local ordinance to the powers, duties, jurisdiction and authority of the agency or officer mentioned.

1.05 TERMS IN THE OTHER CONTRACT DOCUMENTS
Wherever in the Contract Documents (other than the CalTrans Standard Specifications) the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this section.

CITY - The City of Grover Beach, and its authorized agent(s).

CITY CLERK, OR CLERK - The Clerk of the City of Grover Beach as appointed by the City Council in accordance with the law.

CITY COUNCIL - The legislative body of the City of Grover Beach as created by law.

CITY ENGINEER - The Public Works Director/City Engineer acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

COMPLETION – Full and final performance of all of the Work, except that (A) for purposes of release of retention, “completion” is defined by Public Contract Code section 7107, and (B) for purposes of notices of completion and stop payment notices, “completion” is defined by Civil Code section 9200. Substantial completion does not constitute “completion.”
CONTRACT DOCUMENTS – The documents that create and constitute the Contract, which are incorporated by reference into the Agreement, and which include, but are not limited to, the following:
• Guaranty.
• Agreement.
• Bid Form (including all forms within the Bid Form).
• Bid Bond.
• Notice to Bidders.
• Special Provisions for the Project, including the Technical Provisions.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 37 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 • Caltrans Standard Specifications.
• City Standard Specifications.
• Construction Drawings for the Project.
• City Standard Drawings.
• Performance Bond (using the City’s form).
• Payment Bond (using the City’s form).
• Iran Contracting Act form.

ENGINEER, ENGINEER’S ESTIMATE and HIGHWAY - The same as defined in Section 1.04, above, of these Special Provisions.

DEPARTMENT OF PUBLIC WORKS, or DEPARTMENT - The Department of Public Works of the City of Grover Beach.

DESIGN ENGINEER – The City of Grover Beach, and its agent(s). Wallace Group, is the authorized agent serving the City as the DESIGN ENGINEER.

OWNER - The City of Grover Beach.

PLANS – Plans include the Construction Drawings and details prepared by the Design Engineer and any Standard Drawings referenced therein and the terms may be used interchangeably. For bidding purposes, the Plans marked Bid Set shall be used as the basis for forming all bids. The Plans marked Conformed Set and approved by the City Engineer will be used as the basis for construction of all Work specified herein.

PROJECT ENGINEER - The Public Works Director/City Engineer/CIP Manager acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

STATE AGENCIES - Same as in Section 1.04 of these Special Provisions.

WORK – All of the duties, responsibilities, and obligations of the Contractor required by the Contract Documents, including punch list work, other corrective work, closeout documents, and closeout procedures.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 38 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 SECTION 2. BID REQUIREMENTS AND CONDITIONS

2.01 GENERAL
The Bidder’s attention is directed to the provisions in Section 2, “Bidding,” of the Standard Specifications and these special provisions for the requirements and conditions which the Bidder must observe in the preparation of and the submission of the bid.

In addition to the subcontractors required to be listed in conformance with Section 2-1.33C, “Subcontractor List,” of the Standard Specifications, each bid shall have listed therein the portion of Work that will be done by each subcontractor listed. A sheet for the listing of the subcontractors is included in the City’s bid package documents.

The bidder's bond shall conform to the bond form in the bid package documents for the project and shall be properly filled out and executed.

In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid.

Signing the Bid shall also constitute signature of the Noncollusion Affidavit.

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the Bidder must include this assurance.

Failure of the Bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the Bidder to a determination of the Bidder’s responsibility in the event it is the apparent low bidder on a future public works contracts.

2.02 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT AND SITE OF WORK The Bidder shall examine carefully the sites of the Work contemplated, the plans, the specifications, the Bid Form, and Contract Documents therefore.

The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, the quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the Bid Form, plans, specifications and the Contract Documents.

2.03 APPROXIMATE ESTIMATE
The quantities given in the Bid Form are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work required by the Contract Documents will correspond with the Bid Form, and the City reserves the right to increase or decrease the amount of any class or portion of the Work, or to omit portions of the Work, as may be deemed necessary or advisable by the Engineer. Bids are required for the entire Work described herein.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 39 | Page Ramona Garden Park Rehabilitation Project, CIP 1259

2.04 REJECTION OF BIDS
Bids may be rejected if they show any alterations of form, incomplete bids, erasures or irregularities of any kind. A complete bid shall include the following documents:

BID FORM

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

NONCOLLUSION AFFIDAVIT

DEBARMENT AND SUSPENSION CERTIFICATION

LIST OF SUBCONTRACTORS

QUESTIONNAIRE

BID FORM
BIDDER’S BOND OR OTHER SECURITY

PROJECT REFERENCES
IRAN CONTRACTING ACT FORM (if project is over $1,000,000)

PROOF OF REGISTRATION WITH DIR
To avoid bid protests and bid rejections, bidders are reminded to include the following information in the Bid Form:
1) Contractor’s license number
2) Expiration date of Contractor’s license
3) The following statement: “The Contractor’s license number and expiration date stated herein are made under penalty of perjury”.

The right is reserved to reject any and all bids.

2.05 BIDDER’S BOND
All bids shall be presented under sealed cover, marked "BID" and shall be accompanied by cash, cashier's check, or bidder's bond, made payable to the City of Grover Beach for an amount equal to ten percent (10%) of the amount of said base bid, and no bid shall be considered unless such cash, cashier's check, or bidder's bond is enclosed therewith.

2.06 RESPONSIBILITY OF BIDDERS
The City of Grover Beach reserves the right to be the sole judge as to the responsibility of any bidder to perform the Work under this Contract. Said City may reject the bid of any bidder for lack of financial ability or experience in performing the Work under this Contract. The Bidder’s attention is directed to the Notice to Bidders that identifies that any bidder may be required to furnish a sworn statement of their financial responsibility, technical ability, and experience.

2.07 RELIEF OF BIDDERS
Attention is directed to the requirements of Public Contracts Code Sections 5100 et seq. concerning relief of bidders, including but not limited to the requirement that if the bidder seeks relief based on a mistake in its bid, the bidder shall give the City written notice within five (5) working days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

2.08 BID PROTESTS
Bid protests are to be hand-delivered to the City at the City of Grover Beach Department of Public Works, 154 S. 8th Street, Grover Beach, CA 93433. Any bid protest must be delivered or e-mailed by 5:00 p.m. on the 4th working day after the opening and announcement of the bids.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 40 | Page Ramona Garden Park Rehabilitation Project, CIP 1259

2.09 ESCROW BID DOCUMENTS
Documents from the two low bidders are required for projects over $1,000,000 and must include all of the quantity take-offs, calculations, quotes, notes, letters, emails, marked up plan sheets, reports, and all other information committed to hard copy or electronic media that a bidder used to determine the bid price: collectively the ‘Escrow BidDocuments’.

The two low bidders shall submit to the City additional financial information, including the Escrow Bid Documents, within five (5) working days after the deadline to submit bids. The documents shall include one (1) copy of all documentary information generated in preparation of bid prices for this project, as described in Paragraph seven of this section (2.09). The Escrow Bid Documents of the successful bidder will be held by the City in escrow for the duration of thecontract.

The successful bidder agrees, as a condition of award of the contract, that the Escrow Bid Documents constitute all the information used in the preparation of its bid, and that no other bid preparation information will be considered in resolving disputes or claims. The successful bidder also agrees that nothing in the Escrow Bid Documents will change or modify the terms or conditions of the contract documents.

The Escrow Bid Documents are, and will always remain, the property of the Bidder or Contractor, subject to joint review by the City or Engineer and the Bidder or Contractor, as provided herein.

The City stipulates and expressly acknowledges that the Escrow Bid Documents, as defined herein, are intended to constitute proprietary information. This acknowledgement is based on the City's express understanding that the information contained in the Escrow Bid Documents is not known outside bidder's business, is known only to a limited extent and only by a limited number of employees of the bidder, is safeguarded while in bidder's possession, is extremely valuable to bidder and could be extremely valuable to bidder's competitors by virtue of it reflecting bidder's contemplated techniques of construction. The City further acknowledges that bidder expended substantial sums of money in developing the information included in the Escrow Bid Documents and further acknowledges that it would be difficult for a competitor to replicate the information contained therein. The City further acknowledges that the Escrow Bid Documents and the information contained therein are made available to City only because such action is an express prerequisite to award of the contract. The City further acknowledges that the Escrow Bid Documents include a compilation of information used in bidder's business, intended to give bidder an opportunity to obtain an advantage over competitors who do not know of or use the contents of the documentation. The City further agrees to safeguard the Escrow Bid Documents, and all information contained therein, against disclosure to the fullest extent permitted by law.

Escrow Bid Documents will be used to assist in the negotiation of price adjustments, supplemental agreements, and contract modifications and in the settlement of disputes and claims. They will not be used for pre-award evaluation of the bidder’s anticipated methods of construction or to assess the bidder’s qualifications for performing theWork.

Bidders may submit Escrow Bid Documents in their usual cost- estimating format; a standard format is not required. It is not the intention of this specification to cause the bidder extra work during the preparation of the bid, but to ensure that the Escrow Bid Documents will be adequate to enable complete understanding and proper interpretation for their intended use. The Escrow Bid Documents shall be submitted in the English language.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 41 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 It is required that the Escrow Bid Documents clearly itemize the estimated costs of performing the Work of each bid item contained in the bid schedule. Bid items should be separated into sub-items as required to present a detailed cost estimate and allow a detailed cost review. The Escrow Bid Documents shall include all quantity takeoffs, estimates of crews, and equipment, calculations of rates of production and progress, copies of quotes from subcontractors and suppliers, and memoranda, narratives, add/deduct sheets, and all other information used by the bidder to arrive at the prices contained in the bid. Estimated costs should be broken down into the bidder's usual estimate categories such as direct labor, repair labor, equipment ownership and operation, expendable materials, permanent materials and subcontract costs as appropriate. Plant and equipment and indirect costs should be detailed in the bidder's usual format. The bidder’s allocation of plant and equipment, indirect costs, contingencies, markup and other items to each bid item shall be included.

All costs shall be identified. For bid items amounting to less than $10,000, estimated unit costs are acceptable without a detailed cost estimate, provided that labor, equipment, materials and subcontracts, as applicable, are included and provided that indirect costs, contingencies and markup, as applicable, are allocated.

Bid documents provided by the City should not be included in the Escrow Bid Documents unless needed to comply with the requirements herein.

The Escrow Bid Documents shall be submitted to the City by the two low bidders in container(s) within five (5) working days after the deadline for submittal of bids. The container or envelope shall be clearly marked on the outside with the bidder's name, date of submittal, project name, contract number, project number, and the words "Escrow BidDocuments". After inspection by the City’s representative, the box or envelope will be sealed.

The documents can be scanned and submitted on a thumb drive or submitted on paper, or a combination of the two types. Sealed container(s) shall consist of envelopes or boxes in the following standard sizes: Standard Cube (LL) 15”x12”x10”; Letter Banker 24”x12”x10”; or Legal Banker:
24”x15”x10” for hard copy submittals.

The Escrow Bid Documents shall be accompanied with a certification signed by an individual authorized by the bidder to execute the Bid Form, stating that the material in the Escrow Bid Documents constitutes all the documentary information used in preparation of the bid and that the bidder has personally examined the contents of the Escrow Bid Documents container and has found that the documents in the container are complete.

The Escrow Bid Documents of the apparent successful bidder will be examined, organized, and inventoried by the Engineer, together with members of the bidder's staff who are knowledgeable in how the bid was prepared. This examination is to ensure that the Escrow Bid Documents are legible and complete. It will not include review of, and will not constitute acceptance of proposed construction methods, estimating assumptions, or interpretations of contract documents. Examination will not alter any condition or term of the contract.

If all the documentation required as indicated above has not been included in the original submittal, additional documentation may be required, at the City’s discretion, prior to award of the contract. The detailed breakdown of estimated costs shall be reconciled and revised, if appropriate, by agreement between the bidder and the City before making the award. Once it has been determined that all of the documentation has been included, the box will be sealed. The Contractor can choose to provide tamper proof tape, or security tape. Otherwise, the box will be sealed, and the tape will be signed. The Escrow Bid Documents will be placed in storage at City Hall.

If the contract is not awarded to the apparent successful bidder, the Escrow Bid Documents of the bidder next to be considered for award shall be processed asdescribed.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 42 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 Timely submission of complete Escrow Bid Documents is an essential element of the bidder's responsibility and a prerequisite to a contract award. Failure to provide the Escrow Bid Documents will be sufficient cause for the City to reject the bid.

Escrow Bid Documents submitted by unsuccessful bidders will be returned unopened, unless opened as provided above, following award of the contract. Unsuccessful bidders shall pick up the Escrow Bid Documents from the City 14 days of writtennotice.

If any bid is based upon subcontracting any part of the Work, each subcontractor whose total subcontract price was proposed by the bidder shall provide separate Escrow Documents to be included with those of the bidder. Such documents shall be opened and examined in the same manner at the same time as the examination described above for the apparent successful bidder.

If the Contractor wishes to subcontract any portion of the Work after award, the City retains the right to require the Contractor to submit Escrow Documents from the subcontractor before the subcontract is accepted.

The Escrow Bid Documents will be examined by both the City and the Contractor, at any time deemed necessary by the Director, unless the Contractor waives the right to be present by failing to appear at the designated time and place. Examination of the Escrow Bid Documents is subject to the following conditions:
(a) As trade secrets, the Escrow Bid Documents are intended to constitute proprietary and confidential material as described in Paragraphs four and five of this section (2.09). (b) The City and the Contractor shall each designate, in writing to the other party and within ten days after execution of the contract, representatives who are authorized to examine the Escrow Bid Documents. No other person shall have access to the Escrow Bid Documents.
(c) Access to the Escrow Bid Documents may take place only in the presence of duly designated representatives of both the City and the Contractor, unless the Contractor waives its right to be present by failing to appear at the designated date and time at which the Escrow Bid Documents will be examined.
(d) The City will provide 48 hours’ notice before opening or examining the bid documents.

If the Contractor does not respond or does not send a representative, the City will examine the documents without the Contractor being present.

The Escrow Bid Documents will be returned to the Contractor at such time as the contract has been completed, all claims have been resolved, and final payment has been accepted by the Contractor. The Contractor shall pick up the Escrow Bid Documents from the City within 14 days of written notice.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 43 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 SECTION 3. AWARD AND EXECUTION OF CONTRACT

3.01 GENERAL
The Bidder's attention is directed to the provisions in Section 3, “Contract Award and Execution," of the Standard Specifications and these Special Provisions for the requirements and conditions concerning award and execution of Contract.

3.02 AWARD OF CONTRACT
The award of the Contract, if it be awarded, will be to the lowest responsive and responsible bidder whose bid complies with all the requirements prescribed. See Bid Form for details.

3.03 EXECUTION OF CONTRACT
The Contract shall be executed by the successful bidder and shall be returned, together with the Guaranty, the payment and performance bonds, and the insurance certificate(s) and endorsement(s) to the City within TEN (10) business days, not including Saturdays, Sundays and legal holidays, after the successful bidder has received the Contract for execution. Failure to do so shall be just cause for forfeiture of the successful bidder’s bond. The executed contract documents shall be delivered to the following address:

City of Grover Beach Department of Public Works
154 S. 8th Street
Grover Beach, CA 93433

3.04 CONTRACT BONDS

3.04-A PERFORMANCE BOND. The Contractor shall furnish a surety bond as security for the faithful performance of this Contract by the Contractor in an amount equal to one hundred percent (100%) of the Contract price.

3.04-B PAYMENT BOND. The Contractor shall furnish a surety bond as security for the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract and shall contain all the provisions required by law, in the amount of one hundred percent (100%) of the Contract price.

3.05 CITY BUSINESS TAX CERTIFICATE AND ENCROACHMENT PERMIT The Contractor and all subcontractors shall obtain a City of Grover Beach Business Tax Certificate and pay all related fees. The Contractor will also be required to obtain an encroachment permit from the City but fees will be waived.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 44 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, LIQUIDATED DAMAGES,

HOURS OF WORK, NIGHT WORK, AND SCHEDULED SUSPENSION
Attention is directed to the provisions in Section 8-1.04, "Start of Job Site Activities," Section 8-1.05, "Time," Section 8-1.06, “Suspensions,” and Section 8-1.10, "Liquidated Damages," of the Standard Specifications and these Special Provisions.

A Preconstruction Conference (reference: Standard Specification 8-1.03) will be required not less than seven (7) days prior to any construction. This meeting will include the City of Grover Beach, the City’s Authorized Agents (when applicable, the project management, construction management, and/or design engineering), the Contractor, and necessary subcontractors. Utility companies who have assets within the work zone will be invited to this conference meeting.

The Contractor shall submit in accordance with Standard Specification 5-1.23 to the Engineer the following required submittals at or before the Pre-Construction Conference meeting:
 Baseline Construction Schedule
 Water Pollution Control Plan
 Traffic Control Plan
These submittals will be reviewed and processed by the Engineer per the referenced Standard Specification.

The City will prepare conformed contract documents by incorporating bid addenda into the bidding documents. Softcopies of these documents in PDF format will be provided and CAD files are available from the Engineer upon the Contractor’s submittal of a Request for Information (RFI).

The Contractor shall begin Work within THIRTY (30) calendar days after the Contract has been awarded by the City Council. The City may issue a Notice to Proceed that reflects this deadline for commencing the Work.

The Work shall be diligently prosecuted to completion before the expiration of TWO HUNDRED (200) working days beginning on the 30th calendar day after approval of the Contract. The City may issue a Notice to Proceed that reflects this duration for Contract time.

Liquidated delay damages for the City based on Contractor’s failure to achieve Completion within the above number of working days shall be $3,000 per calendar day, and they shall accrue automatically. as provided in the Special Provisions.

Hours of work shall be 7:00 a.m. to 5:00 p.m. on working days unless night work is approved by the City Engineer in writing.

Night work may be allowed between the hours of 10:00 p.m. and 6:00 a.m. when approved in writing by the City Engineer. Requests for night work shall be submitted to the Engineer no later than 96-hours before the date of the night work starts. No additional compensation will be allowed for night work.

Scheduled suspension of the work shall occur during the time(s) identified below, and the Contractor shall provide for a smooth and unobstructed passageway through the work during the suspension, said passageway shall be included within the cost of the project.  Scheduled Suspension Dates: August 22, 2025- August 24, 2024 for the Stone Soup Festival. All streets surrounding the park shall be completely cleared.

Refer to Standard Specifications 8-1.06, “Suspensions” for other related suspensions.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 45 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 SECTION 5. GENERAL

5.01 SUBCONTRACTING AND SUPERINTENDENCE
Attention is directed to Section 5-1.13, "Subcontracting," Section 7-1.07, "Legal Actions Against the Department," and Section 5-1.16, "Representative," of the Standard Specifications and these Special Provisions.

The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. No subcontractor will be recognized as such, and all persons engaged in the Work of construction will be considered as employees of the Contractor.

The "List of Subcontractors," which is part of the Bid, shall be completed listing all subcontractors who will perform any of the Work under this Contract.

Attention is directed to the requirement in said Section 5-1.16, “Representative,” that the Contractor designate in writing an authorized representative with authority to act for the Contractor and that said representative shall be present at the site of the Work while work is in progress.

5.02 LEGAL ACTIONS AGAINST THE CITY
Attention is directed to Section 7-1.07, "Legal Actions Against the Department," of the Standard Specifications for the requirements should litigation be brought against the City concerning compliance by the City with STATE or Federal laws, rules or regulations applicable to the Work.

5.03 AUTHORITY OF THE ENGINEER
In accordance with Section 5-1.03, "Engineer’s Authority," of the Standard Specifications, the Engineer shall decide all questions regarding the Work and shall have authority to enforce and make effective his decisions.

5.04 INSPECTION
The Contractor's attention is directed to Section 5, "Control of Work," of the Standard Specifications and these Special Provisions.

Should the Contractor desire to work on a Saturday, a Sunday or a designated holiday, or between the hours of 5:00 p.m. and 7:00 a.m., then issue a written submittal to the Engineer of the intent to do so at least five (5) calendar days prior to commencing said work. Should the Contractor perform any work in violation of this paragraph, the work shall be uncovered, exposed, tested and measured at the expense of the Contractor to the extent required by the Engineer in order to ascertain conformance with the plans and specifications. Any of said work which cannot be properly inspected for conformance will be rejected.

Designated legal holidays are: January 1st, Martin Luther King’s Birthday, the second and third Monday in February, the last Monday in May, July 4th, the first Monday in September, Indigenous Peoples (day observed), Veteran’s Day, Thanksgiving Day, the day after Thanksgiving Day and December 24th and 25th, and December 31st. When a designated legal holiday falls on a Saturday or a Sunday, the preceding Friday or the following Monday, respectively, shall be a designated legal holiday.

5.05 VALUE ENGINEERING
Attention is directed to Section 4-1.07, “Value Engineering,” of the Standard Specifications.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 46 | Page Ramona Garden Park Rehabilitation Project, CIP 1259

5.06 EXCAVATION SAFETY PLANS AND PERMIT
Attention is directed to the provisions in Sections 6500 through 6509 and Section 6705 of the STATE LABOR CODE and in Section 7-1.02K(6)(b), “Excavation Safety,” of the Standard Specifications. Prior to constructing trenches or excavations five feet (5’) or more in depth, the Contractor shall obtain a permit from the STATE OF CALIFORNIA, Division of Industrial Safety, as required by said Section 6500.

Full compensation for complying with this section shall be considered as included in the Contract prices paid for the items of Work to which said plans and permit relate and no separate payment will be made therefore.

5.07 CONTRACTOR’S RESPONSIBILITY FOR DAMAGE
Attention is directed to Section 5-1.36, "Property and Facility Preservation," of the Standard Specifications and these Special Provisions.

The Contractor shall be responsible for any liability imposed by law and by the Standard Specifications.

The Contractor shall protect existing improvements, adjacent property and roadside trees and shrubs, and shall erect tree protection fencing as directed.

The City does not anticipate any work in private property. If the contractor needs access to private property in order to do the work, the contractor must notify the City as soon as possible. The City will work with the property owner(s) to obtain a Temporary Construction Easement (TCE) at the addresses identified by the Contractor to allow access to the private property for the work to be done. The Contractor is not authorized to access the private property(ies) until the TCE has been fully executed and a copy distributed to the Contractor. The Contractor shall coordinate with the ENGINEER regarding the TCE’s.

5.08 INDEMNIFICATION AND INSURANCE

5.08-A INDEMNIFICATION. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless the City of Grover Beach, and all officers, officials, employees, authorized agents, and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel’s fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, authorized agents, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 47 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee; however, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the CIVIL CODE.

5.08-B LIABILITY INSURANCE. The provisions of said Section 7-1.05 “Indemnification,” of the Standard Specifications regarding the retention of funds to cover claims or suits for damages shall not apply.

Prior to the beginning of and throughout the duration of the Work, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Contract and which is applicable to a given loss, claim or demand, will be equally available to City.

Contractor shall provide the following types and amounts of insurance:

Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, authorized agents, employees, and volunteers.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 48 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent Contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.

Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, authorized agents, and employees, shall be included as insureds under the policy.

Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and authorized agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or selfinsurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s risk manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, authorized agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 49 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 Enforcement of Contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, authorized agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Contractor agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City’s right to revise requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving the Contractor a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 50 | Page Ramona Garden Park Rehabilitation Project, CIP 1259

5.09 LABOR

5.09-A GENERAL. Attention is directed to the provisions of Section 7, "Legal Relations and Responsibility," of the Standard Specifications regarding labor, to the California Labor Code, and to these Special Provisions.

5.09-B PREVAILING WAGE. Attention is directed to Section 7-1.02K(2), “Wages,” of the Standard Specifications and as stated in the Notice to Bidders and Agreement.

The Project is a public work, the Work shall be performed as a public work and under California Labor section Code 1770 et seq., the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. The general prevailing wage rates determined by the Director of Industrial Relations are available at: http://www.dir.ca.gov/DLSR/PWD
Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation.

The Contractor and any subcontractor under the Contractor as a penalty to the City shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall keep or cause to be kept an accurate record of performance of the Work showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the City, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. Contractor and subcontractors shall comply with Labor Code section 1776.

5.09-C LABOR DISCRIMINATION. Attention is directed to Section 1735 of the Labor Code.

5.09-D DEPARTMENT OF INDUSTRIAL RELATIONS – COMPLIANCE MONITORING AND REGISTRATION. Public works projects shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Owner shall not enter into any contract without proof of the Contractor’s current registration to perform public work under Labor Code section 1725.5. The Contractor shall not enter into any subcontract without proof of the subcontractor’s current registration to perform public work under Labor Code section 1725.5. For all projects over Twenty-Five Thousand Dollars ($25,000), a contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 51 | Page Ramona Garden Park Rehabilitation Project, CIP 1259

5.09-E WORKING HOURS. In accordance with the provisions of California Labor Code sections 1810 to 1815, inclusive, the time of service of any worker employed by the Contractor or a subcontractor doing or contracting to do any part of the work contemplated by this Agreement is limited and restricted to eight hours during any one calendar day and forty hours during any one calendar week, provided, that work may be performed by such employee in excess of said eight hours per day or forty hours per week provided that compensation for all hours worked in excess of eight hours per day, and forty hours per week, is paid at a rate not less than one and one-half (1½) times the basic rate of pay. The Contractor and every subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work. The records shall be kept open at all reasonable hours to inspection by representatives of the Owner and the Division of Labor Law Enforcement. The Contractor shall as a penalty to the Owner forfeit Twenty-five Dollars ($25.00) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day, and forty hours in any one calendar week, except as herein provided.

5.09-F APPRENTICES. The Contractor agrees to comply with Chapter 1, Part 7, Division 2, sections 1777.5 and 1777.6 of the California Labor Code, which are hereby incorporated and made a part hereof.

These sections require that contractors and subcontractors employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for each five hours of work performed by a journeyman (unless an exemption is granted in accordance with section 1777.5) and that contractors and subcontractors shall not discriminate among otherwise qualified employees as indentured apprentices on any public works solely on the ground of sex, race, religious creed, national origin, ancestry or color. Only apprentices as defined in Labor Code section 3077, who are in training under apprenticeship standards and who have signed written apprentice agreements, will be employed on public works in apprenticeable occupations. The responsibility for compliance with these provisions is fixed with the Contractor for all apprenticeable occupations.

5.10 NOISE CONTROL
The Contractor's attention is directed to Section 14-8.02, "Noise Control," of the Standard Specifications and to these Special Provisions.

The noise level from the Contractor's operations, between the hours of 7:00 a.m. and 7:00 p.m., shall not exceed 86dB(A) at a distance of fifty feet (50'). This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

Said noise level requirement shall apply to all equipment on the job or related to the job, including, but not limited to trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the Contract prices paid for the various items of Work involved and no additional compensation will be allowed therefore.

5.11 PROJECT APPEARANCE
The Contractor shall maintain a neat appearance to the Work. In any area visible to the public, the following shall apply.

When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 52 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily. Forms or falsework that are to be reused shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be reused shall be disposed of concurrently with their removal.

Equipment for use on the project shall be stored on side streets away from business frontages and shall be removed and stored at the Contractor’s own yard if not in use for more than five working days. The Contractor may secure a staging area on private property if the Contractor makes arrangements to secure access to private property for staging during the Work.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in the Contract prices paid for the various items of Work involved and no additional compensation will be allowed therefore.

5.12 GUARANTY AND BONDS
A material guaranty for a period of twelve (12) months from the date of Contract acceptance as notified in writing by the Director for all the items of Work as designated in the Engineer's Estimate will be required prior to commencement of the Work and shall conform to the provisions in Section 6-3.06, "Guarantee," of the Standard Specifications. A guaranty form for this purpose is included in the bid package documents.

Full compensation for furnishing the guaranty and bonds will be considered as included in the Contract price and no additional compensation will be allowed therefore.

5.13 SUBCONTRACTING
No subcontract releases the Contractor from the Contract or relieves the Contractor of their responsibility for a subcontractor's work.

If the Contractor violates Public Contract Code Section 4100 et seq., the City of Grover Beach may exercise the remedies provided under Public Contract Code Section 4110. The City of Grover Beach may refer the violation to the Contractors State License Board as provided under Public Contract Code Section 4111.

The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

Each subcontract must comply with the Contract.

Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Business and Professions Code, Section 7000 et seq.).

Each subcontractor must have an active and valid California Department of Industrial Relations (DIR) Registration number appropriate for the work to be performed.

Submit copies of subcontracts upon request by the Engineer.

Before subcontracted work starts, submit a Subcontracting Request form.

Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations' Web site.

Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the Work satisfactorily.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 53 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 7-11.1 of the Standard Specifications.

Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the Contract.

5.14 TRAFFIC CONTROL PLAN
Attention is directed to the provisions in Section 7-1.03, "Public Convenience," of the Standard Specifications and these special provisions. One lane of traffic in each direction shall be open at all times during the Work except for very short periods when needed to move equipment or materials. Side streets may be closed upon City Engineer approval of a traffic control plan prepared by the Contractor.

Full road closures for any extended period of time will only be approved after City Engineer approval of a traffic control detour plan prepared by the Contractor.

If at any time during the Work or during any scheduled delays the Contractor fails to maintain traffic control signs and delineators, the City may contract directly for the work and all costs including 15% administrative fees will be deducted from payment due the Contractor.

5.15 PUBLIC CONVENIENCE
Attention is directed to the provisions in Section 7-1.03, "Public Convenience," of the Standard Specifications and these Special Provisions.

The Contractor shall schedule and conduct his work so as to limit inconvenience to businesses and residences located in or near the Work zone. Access to businesses shall be available at all times unless otherwise approved by the City Engineer. On-street parking shall be opened to the public when not in conflict with the day’s scheduled work. Public traffic shall be permitted to pass through the Work at all times during construction unless otherwise approved by the City Engineer. During nights, weekends or other times when the Contractor is not on site working and when traffic is routed on a travel area next to a drop off of more than 1-inch the Contractor shall backfill the adjacent excavation with compacted base material to within 1-inch of the traveled way surface a minimum of 3-feet outside of the traveled way and shall maintain delineators at the edge of the traveled way. Minimum traveled way shall be 11-feet. Upon approval by the City Engineer, traffic may be routed onto compacted base. The Contractor shall provide reduced speed signs, shall inspect the traveled way twice daily and shall water and maintain the base free of ruts and depressions.

The Contractor shall prepare 3-feet x 3-feet signs, reflective blue letters on white background indicating that businesses are open during construction. One sign shall be placed in each direction ahead of the Work on temporary barricades or signposts installed and maintained by the Contractor.

The Contractor shall provide changeable message signs in each direction ahead of the Work beginning 10 days prior to construction and continuing for 30-calendar days while the work is in progress.

Changeable message signs shall be deployed prior to each major phase of construction.

The Contractor shall inspect and maintain all construction signs and delineators twice daily during the closures or suspension identifiedabove.

Full compensation for public convenience will be considered as included in the Contract price or prices paid for the items of Work involved and no additional compensation will be allowed therefore.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 54 | Page Ramona Garden Park Rehabilitation Project, CIP 1259

5.16 FACILITIES (UNDERGROUND AND/OR ABOVEGROUND)
The information and data shown or indicated in the contract documents with respect to existing underground and/or aboveground facilities at or contiguous to the site is based on information and data furnished by the owners of such underground and/or aboveground facilities, including the City, or by others. Unless it is otherwise expressly provided in the Special Provisions:
• City shall not be responsible for the accuracy or completeness of any such information or data; and
• The cost of all of the following shall be included in the Contract price paid for various items of Work involved and no separate additional payment will be made therefore and the Contractor shall have full responsibility for:
o Reviewing and checking all such information and data; o Locating via potholing all underground facilities shown or indicated in the contract documents. Contractor shall determine the location and depth of all utilities via potholing, including service connections, which have been marked by the respective utility owners and which may affect or be affected by the Contractor’s operations. Full compensation for such Work shall be considered as included in Contract price; and o Coordination with all utility service providers for Work affecting their facilities; and o The safety and protection of all such underground and/or aboveground facilities and repairing any damage thereto resulting from the Work.
• If an underground facility is uncovered or revealed at or contiguous to the site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the contract documents, Contractor shall, promptly, but in no case more than five (5) Days after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency), identify the owner of such underground facility and give written notice to that owner and to City. City will promptly review the underground facility and determine the extent, if any, to which a change is required in the contract documents to reflect and document the consequences of the existence or location of the underground facility. During such time, the Contractor shall be responsible for the safety and protection of such underground facility.

The Contractor shall review the pothole data they collect and determine the proper methods to achieve required compaction over utility lines without damaging the existing facilities.

The Contractor shall review the pothole data they collect prior to purchasing any and all valves, couplings, fittings, restraints, or any other components and appurtenances necessary for connections to existing utilities. The Contractor shall expect to work with various existing pipe materials, including but not necessarily limited to steel, asbestos cement, ductile iron, and PVC; therefore, the potholing information needed to be collected shall include any and all dimensions necessary for the successful and water-tight connection with the existing facilities. All potholing data shall be collected a minimum of fifteen (15) working days before the utility improvement work is scheduled to be performed to allow sufficient time for the Contractor’s parts to be ordered and delivered. Furthermore, the minimum of fifteen (15) working days is necessary to accommodate any redesign effort by the City should differing site conditions of underground facilities be encountered. Full compensation for such Work shall be considered as included in Contractor’s Bid price.

When underground utility work is part of this Contract, then the Contractor shall review the pothole data prior to purchasing any fittings, restraints, or other components necessary for connections to existing utilities.

The following is contact information for utility companies having infrastructure within the City is provided as reference to the Contractor.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 55 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 Utility Company Contact Name e-mail
Phone (805)
Area Code Address
Electrical PG&E Denise Clarke [email protected] 805-546-5272 4325 S. Higuera SLO, 93401
Phone AT&T Neil Zakaria [email protected] 805-546-7012 196 Suburban Rd SLO, 93401
Fiber/Phone Charter Tim Lindsay [email protected] 805-544-1962, X 3353
7555 San Luis Ave
Atascadero, CA 93422
Fiber Astound Shawn Thomas [email protected] 805-548-8070 711 Tank Farm Rd #210 San Luis Obispo, CA
93401
Oil Phillips 66 Leo Martinez [email protected] 805-226-2656 1232 Park St, Ste 300 Paso Robles, 93446
Gas So Cal Gas Scott Hale [email protected] 805-681-7939 750 Industrial Way SLO, 93401
Water/Sewer Grover Beach Public Works
Department
[email protected] 805-473-4530 154 S. 8th St
Grover Beach, 93433

5.17 ORDER OF WORK
The Contractor shall arrange his work order and schedule to provide the least possible disruption to business and on-street parking access.

5.18 DIFFERING SITE CONDITIONS

5.18-A CONTRACTOR’S NOTIFICATION. Contractor shall promptly notify the City’s Engineer if either of the following conditions are found:

1. Physical conditions differing materially from either of the following:
• Contract documents
• Job site examination

2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract.

Contractor shall provide in writing details explaining the information relied upon and the material differences discovered.

If Contractor fails to promptly notify the Engineer, then Contractor waives the differing site condition claim for the period between the discovery of the differing site condition and when notification was provided to the Engineer.

If Contractor disturbs the site after discovery and before the Engineer's investigation, the Contractor waives the differing site condition claim.

5.18-B ENGINEER’S INVESTIGATION AND DECISION. Upon Contractor’s notification, the Engineer investigates job site conditions and:

1. Notifies the Contractor whether to resume affected work.

2. Decides whether the condition differs materially and is cause for an adjustment of Contract time, Contract price, or both.

5.19 COOPERATION
Should construction be underway by the City, other agencies, utility providers, or other contractors within or adjacent to the limits of Work specified or should work of any other nature be underway by other forces within or adjacent to said limits, then Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the right to perform other or additional work at or near the site at any time, by the use of other forces.

When necessary, Contractor shall so conduct operations as to permit access to the site and provide time for utility work to be accomplished during normal work hours during the progress of the Work.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 56 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 During the progress of the Work under this Contract, these projects may be in progress within or near the Work area of this Contract.

Responsible Party Location Type of Work Contact Information City of Grover Beach N. 9th Street Sewer/Street
Rehabilitation
Public Works

5.20 COMPLETION OF THE WORK OF IMPROVEMENTS
Upon completion of the work of improvements, including final cleanup, punch list work, other corrective work, and all contractual obligations, the Contractor shall submit a signed written affidavit that states (A) that completion of the Work has occurred, (B) the date of such completion, and (C) that the Project’s Work is ready for final inspection. Within 30 calendar days after receipt of the signed written affidavit, the Engineer will inspect the work and will either (1) reject the affidavit’s recommendation of the date of completion of the work of improvements and that the work zone is ready for final inspection and Contract acceptance, specifying the defective and/or incomplete portions of the work, or (2) accept the affidavit and state the date of actual completion. The Engineer may elect to submit a request to the City for acceptance by the City Council. The City may elect to record a notice of completion with the County.

If the Engineer rejects the signed written affidavit that the completion of the work of improvements has occurred, then the Contractor shall promptly remedy the defective and/or incomplete portions of the work.

Thereafter, the Contractor shall give the Engineer a revised written signed affidavit that the completion of the work of improvements has occurred and a new date based on when the defective and/or incomplete portions of the work were corrected. The foregoing procedure shall apply successively thereafter until the Engineer accepts the affidavit and requests to the City for the Director’s written notice of Contract acceptance and establish the Contract acceptance date.

5.21 THIRD-PARTY CLAIM
The City shall give Contractor timely notice of any third-party claim related to the Contract.

5.22 TRENCHING
Pursuant to Public Contract Code section 7104, when any excavation or trenching extends greater than four feet below the surface:

The Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, if any:
(1) Material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code section 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the Contract Documents.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 57 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from the Completion Date provided for by the Contract Documents, but shall proceed with all work to be performed under the Contract Documents. The Contractor shall retain any and all rights provided either by the Contract Documents or by law which pertain to the resolution of disputes and protests between the contracting Parties.

5.23 EXISTING UTILITY LINES; REMOVAL AND RELOCATION
Pursuant to Government Code section 4215, the City assumes the responsibility for removal, relocation, and protection of utilities located on the site at the time of commencement of construction under this Agreement with respect to any such utility facilities which are not identified in this Agreement, the plans and specifications. The Contractor shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of the City to provide for removal or relocation of such utility facilities.

City shall compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, removing or relocating such utility facilities, and for equipment necessarily idle during such work.

5.24 ASSIGNMENT OF ANTI-TRUST CLAIM.

Pursuant to Government Code section 4552, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the owner all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 [commencing with section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the Parties. If the City receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Chapter 11 (commencing with section 4550) of Division 5 of Title 1 of the Government Code, the assignor may, upon demand, recover from the City any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the City as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.

5.25 AUDIT
Pursuant to and in accordance with the provisions of Government Code section 8546.7, or any amendments thereto, all books, records, and files of the City, the Contractor, or any Subcontractor connected with the performance of this Contract involving the expenditure of state funds in excess of Ten Thousand Dollars ($10,000.00), including, but not limited to, the administration thereof, shall be subject to the examination and audit of the Office of the Auditor General of the State of California for a period of three (3) years after release of all retention under this Contract. Contractor shall preserve and cause to be preserved such books, records, and files for the audit period. During the progress of the Work and for three (3) years after Completion of the Work, City shall also have the right to an audit of all of Contractor’s books, records, subcontracts, material and equipment contracts, files, and information related to the Contract, and Contractor must cooperate by producing all requested items within seven (7) days.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 58 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 SECTION 6. MEASUREMENT AND PAYMENT

6.01 CHANGES
Attention is directed to Section 4-1.05, "Changes and Extra Work," and Section 9-1.04, "Force Account," and 5-1.43 “Potential Claims and Dispute Resolution,” of the Standard Specifications and these Special Provisions. Delete section 5-1.43E of the Standard Specifications.

Any changes will be set forth in a Contract Change Order which will specify, in addition to the work to be done in connection with the change made, adjustment of Contract time, if any, and the basis of compensation for such work. A Contract Change Order is final when the City and Contractor sign the Contract Change Order and the City Council has approved it.

Changes in the work will be transmitted to the Contractor as either a Request for Modification Proposal (RFMP) or a written field order. The RFMP will describe the change in work and request a proposal for change in the contract price and/or time. The Contractor shall promptly prepare the requested modification proposal and return to the Engineer. The Engineer will coordinate with the Contractor for any modifications to the work or the proposed change in contract price and/or time. The outcome of the coordination will be presented within a Contract Change Order. Any contract monetary adjustments constitutes compensation in full on behalf of the contractor and his subcontractors and suppliers for all costs and markup directly or indirectly, including extended overhead, attributable to the change order, for all delays related thereto, and for performance of the change within the time frame stated. Contractor in addition agrees the adjustment to compensation to the base agreement as manifested by this change order represents any and all cost whatsoever related to cumulative impacts or any synergistic effects, whether known or unknown, that may arise out of the work performed under this contract or in conjunction with other work or change orders approved under this agreement. Contractor waives any right to request additional compensation for any reason other than agreed to in accordance with this change order.

A written field order, or other written directive, is a written notice issued by the Engineer which requires minor changes in the work but which does not involve a change in the contract price or contract times.

The purpose of a written field order is to document clarification to the plans and/or specifications. The Contractor shall issue a RFI if the written field order is unclear or if additional information is needed.

The information contained within and/or attached to any RFMP or a field order which change the plans and/or specifications are conveyed to the Contractor typically as a single copy, either in hardcopy or softcopy. The Contractor is responsible for the cost of reproduction and distribution of the materials to their personnel and/or subcontractors. No additional payment will be made for reproduction and distribution costs of documents related to changes.

6.02 PROGRESS PAYMENTS
Attention is directed to Section 9-1.16, "Progress Payments," of the Standard Specifications and these Special Provisions. All progress payment applications and progress payments shall comply with Public Contract Code section 20104.50, which requires (among other things) payment within 30 days of submission of a proper submitted and undisputed payment request.

On or about the last day of each calendar month, the Contractor shall make an estimate of all work under the Contract completed to date. The Contractor shall use his “Progress Pay Estimate” form which shall be used for the estimate and submitted to the Engineer. The Contractor shall make an estimate of all work under the Contract completed to date. The estimate shall be delivered to the Engineer who will verify and, if found correct, will approve such estimates. Said estimates shall include a five percent (5%) retention by the City in accordance with Public Contract Code sections 7201 and 9203.

The final progress payment application shall not be submitted until completion of the Work is confirmed by the Engineer after inspection (see §5.20, above).

Where City staff and equipment are used for work, billing will be done at the hourly billing rate for City staff. City materials and equipment will be billed in compliance with section 9-1.04. Work performed by a Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 59 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 third party will be billed at the amount charged to the City for the work plus an additional five percent markup. The total cost-plus markup may be retained from contract or for private work billed to permittee.

6.02-A OTHER PAYMENT WITHHOLDINGS. The application for progress payment and the payment thereof, or both, may at any time, be withheld or reduced if, in the opinion of the Engineer, the Contractor is not performing the Work in accordance with the Contract in a material respect, diligently and efficiently endeavoring to comply with intent of the Contract, of if the Contractor shall fail to pay his labor and material bills as they become due. In determining whether the Contractor’s failure to perform in accordance with the Contract is material, the Engineer will give consideration, among other factors, to whether the Contractor’s failure to perform endangers the public health, safety, and welfare, and whether the Work is being performed in accordance with the accepted construction schedule.

The City may withhold monies from progress payments and other payments which would otherwise be payable at any time hereunder, and apply the same (or so much as may be necessary therefore) to the payment of expenses, losses, or damages incurred by the City for which the Contractor is liable under the Contract, including but not limited to:

1. Failure of the Contractor to submit or obtain acceptance of a progress schedule, schedule of values, and any updated schedules;

2. Defective or non-conforming work;

3. Costs incurred by the City to correct, repair or replace defective or nonconforming work or to complete the Work;

4. A reasonable doubt that the Work can be completed for the balance then unpaid;

5. A reasonable concern by the City that the materials, equipment or component parts are not in proper operation condition;

6. Liquidated damages that have accrued and that are likely to accrue in the future;

7. Failure to perform in accordance with the Contract;

8. A reasonable concern that cost or liability that may occur to the City as the result of the Contractor’s, subcontractor’s or supplier’s improper acts, omissions, fault, or negligence will cause City to incur cost, expenses or liability (even if City is indemnified for such cost, expense or liability);

9. Deduction in Work;

10. Failure of the Contractor to repair damaged materials, equipment, property, or work;

11. Failure of the Contractor to provide or obtain review of submittals;

12. Failure to pay subcontractors or suppliers;

13. Stop payment notices given to the City by Contractor’s subcontractors and suppliers;

14. Failure to keep record plans/documents (e.g. as-built drawings) up to date subject to a monthly inspection by the Engineer;

15. Failure to comply with all applicable federal, state, and local laws, statutes, regulations, codes, licenses, easements, and permits:

16. Failure to obtain and maintain applicable permits, insurance, and bonds; and

17. Failure to comply with the Contract safety requirements.

For withhold items where the dollar amount is estimated (including but not limited to future liquidated damages), the City may withhold 150% of the estimated amount.

6.03 FINAL PAYMENT
Attention is directed to Section 9-1.17, "Payment After Contract Acceptance," Section 9-1.17(2)(b), "Overhead Claims," and Section 9-1.21, "Clerical Errors," and 9-1.22 “Claim Resolution Procedure,” of the Standard Specifications and these Special Provisions.

Replace 2nd paragraph in section 9-1.17C with:

Submit either a written acceptance of the proposed final progress payment estimate or a claim statement postmarked or hand delivered before the 31st day after receiving the proposed final progress payment estimate.

Delete 3rd paragraph in section 9-1.17C.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 60 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 9-1.17D Final Payment and Claims
9-1.17D(1) General
Replace section 9-1.17D(1) with:

If you accept the proposed final progress payment estimate or do not submit a claim statement within 30 days of receiving the proposed final progress payment estimate, the Engineer will process the proposed final progress payment estimate for payment. The final progress payment will be paid pursuant to Public Contract Code section 20104.50. A notice of completion may be recorded by the City pursuant to Civil Code sections 9200 et seq. This final progress payment estimate and payment is conclusive except as specified in sections 5-1.27, 6-3.06, and 9-1.21.

If you submit a claim statement within 30 days of receiving the Engineer's proposed final progress payment estimate, the Engineer furnishes a semifinal progress payment estimate to the Contractor and the City pays the amount due pursuant to Public Contract Code section 20104.50. The semifinal progress payment estimate is conclusive as to the amount of work completed and the amount payable except as affected by the claims or as specified in sections 5-1.27, 6-3.06, and 9-1.21. 9-1.17D(2) Claim Statement
9-1.17D(2)(a) General
Add to section 9-1.17D(2)(a).

Each timely claim or claim statement must show the following:

1. The identification number

2. Date the Initial Potential Claim was furnished to the Engineer

3. Date the Supplemental Potential Claim was furnished to the Engineer

4. The final amount of additional payment requested

5. Attach a copy of the Full and Final Potential Claim Record If a claim or claim statement is not timely submitted, Contractor shall have completely waived any right to later submit a change order request or claim on that issue, or to later pursue any additional money or time in any manner related to that issue, regardless of the merits. Contractor will not have satisfied a condition precedent or exhausted administrative remedies.

Submit claims to:

Greg Ray, Public Works Director/City Engineer
154 S. 8th Street
Grover Beach, CA 93433
9-1.17D(2)(b) Overhead Claims
Replace 6th paragraph in section 9-1.17D(2)(b) with:

The CPA's audit must be performed as an examination-level engagement under the attestation engagements in the Government Auditing Standards published by the Comptroller General of the United States. The CPA’s audit report must express an opinion whether or not your calculations of your actual field and home office overhead daily rates comply with section 9-1.17D(2)(b). The attest documentation prepared by the CPA in connection with the audit must be reproduced and submitted for review with the audit report.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 61 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 9-1.17D(2)(d) Waiver
Add to 1st paragraph in section 9-1.17D(2)(d).

You did not comply with applicable notice or protest requirements including but not limited to:
section 4-1.06
section 5-1.06
section 5-1.42
section 8-1.07
9-1.17D(3) Final Determination of Claims
Delete 6th paragraph in section 9-1.17D(3)
9-1.22 Claim Resolution Procedure
Replace section 9-1.22 with:

Each timely claim statement submitted by Contractor to the City shall be handled by the parties pursuant to the procedures in Public Contract Code section 9204(d), including but not limited to a written response from the City within 45 days, an informal conference if requested by contractor, and a mediation if the informal conference did not resolve the dispute.

The procedures of Public Contract Code section 20104 et seq. may also apply, but only to the extent that they do not conflict with the procedures of Public Contract Code section 9204(d).

Prerequisite Documentation Required Prior to Issuing Final Progress Payment. In additional to the requirements for Final Progress Payment set forth in the other contract documents, the Final Progress Payment shall not become due to the Contractor until the following has been submitted to the Engineer (Note: the Engineer reserves the right to not requirement any of the below submittals which the Engineer determines, in his/her sole discretion, is not applicable to a particular project):

1. A full, complete and proper Final Application for Progress Payment showing the proposed total amount due the Contractor, segregated as to Contract quantities, changes in the work, and other basis for payments; deductions made or to be made for prior payments; amounts to be retained; any Claims the Contractor intends to file at that time or a statement that no Claims will be filed; and any unsettled Claims, stating amounts;

2. Written consent of surety(ies) to Final Progress Payment;

3. The required as-built drawings of the installed improvements including existing substructures encountered (in reproducible format);

4. Reasonable proof that taxes, fees and similar obligations of Contractor have been paid;

5. Documentation that Contractor has inspected, tested, and adjusted performance of every system or facility of the work to ensure that overall performance is in compliance with terms of the Contract Documents;

6. Reasonable proof that Contractor has discontinued and removed temporary facilities and services from the work zone, along with construction tools and facilities, forms, and similar items except for Contractor’s field office;

7. Reasonable proof that Contractor has provided instructions for the City’s operation personnel on systems and equipment operational requirements;

8. A report on performance of completed installations after adjustment that appear unable to comply with the requirements of the Contract Documents;

9. The operating manuals for operating and maintaining the work; and

10. A copy of all warranties from vendors and subcontractors, operations and maintenance manuals, instructions and related agreements, equipment certifications and similar documents, and maintenance and operating instructions.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 62 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 No Waiver of Claims by City. The making of the Final Progress Payment, and/or the failure to withhold amounts from the Final Progress Payment, shall not constitute a waiver of any claims by the City including, but not limited to, the following:

1. Unsettled stop payment notices; and/or

2. Faulty or defective work; and/or

3. Failure of the work to comply with the requirements of the Contract Documents; and/or

4. Terms of special warranties required by the Contract Documents; and/or

5. Any other cause, unless specifically waived by the City in writing.

Waiver of Claims by Contractor. Acceptance of the Final Progress Payment by the Contractor shall constitute a waiver of claims by the Contractor except those previously made properly in writing in accordance with the Contract Documents and identified by the Contractor as unsettled at the time of Final Application for Progress Payment.

6.04 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The Contractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving release of retention from the City. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating Contractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor.

6.05 RELEASE OF RETENTION
The release of retention shall be made pursuant to Public Contract Code Section 7107. Within 60 calendar days after the date of completion (as defined by Section 7107), the retention withheld by the City shall be released. In the event of a dispute between the City and the Contractor (including but not limited to the grounds stated in Section 6.02-A, above), the City may withhold from the release of retention an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 63 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 SECTION 7. REFERENCE INFORMATION

7.01 GEOTECHNICAL INFORMATION
A geotechnical report prepared by Earth Systems is provided in the Appendix.

7.02 REFERENCE INFORMATION AVAILABLE AT THE CITY
The following reference information is available for review at the City of Grover Beach, Department of Public Works, 154 South 8th Street, Grover Beach, California, between the hours of 8:00 a.m. and Noon, and 1:00 p.m. and 4:30 p.m. on business days that the City is open. • City’s Circulation Element of the General Plan (also available on the City’s website) • The Bicycle Master Plan (also available on the City’s website) • Water Atlas
• Sewer Atlas
• Stormwater Atlas (under development, draft available for review at City) • Record drawings of road improvements
• Record drawings of tract developments (limited information available) • City of Grover Beach Quality Assurance Plan
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 64 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 SECTION 8. MATERIALS

8.01 GENERAL
Attention is directed to Section 6-3, "Quality," of the Standard Specifications and these Special Provisions.

All materials required to complete the Work under this Contract, except City-furnished materials as specified in Section 10 of these Special Provisions, shall be furnished by the Contractor.

This project must comply with the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project.

Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver if applicable, this requirement must be met for the proposed project.

8.02 TESTING
Testing shall conform to the provisions of Section 6-3, "Quality," of the Standard Specifications and these Special Provisions. Relative compaction tests may be performed by the Engineer in accordance with Test Method No. Calif. 216F, ASTM D 698, ASTM D 1556, ASTM D 1557, ASTM D 2937, ASTM D 2922 and/or ASTM D 2049. Testing frequency and location shall comply with the City of Grover Beach Quality Assurance/Quality Control (QA/QC) program. The Contractor shall provide the number and frequency of samples required by the QA/QC plan.

Full compensation for conforming to this section will be considered as included in the price paid for the Work involving testing and no separate payment will be made therefore.

8.03 FOREIGN MATERIALS
In the event the Engineer desires to witness the testing or perform in-plant inspection of foreign materials and equipment, the full cost of the Engineer's transportation and subsistence connected therewith shall be borne by the Contractor.

Note that the City has no testing facilities of its own and the Contractor shall provide all required facilities for testing foreign materials and equipment.

Full compensation for conforming to this section will be considered as included in the price paid for the Work involving foreign materials and equipment and no separate payment will be made therefore.

8.04 CITY-FURNISHED MATERIALS
Attention is directed to Section 6-2.03, "Department-Furnished Materials," of the Standard Specifications and these Special Provisions.

The City-furnished materials include only the following:
• Water will be provided to the Contractor free of charge at a location to be designated by the Engineer. The Contractor shall submit to the Engineer a RFI requesting for a fire hydrant meter, and indicate an approximate location where to locate the meter. The City will evaluate the request and advise of any alternations of locations if needed.

All other materials required to perform the Work shall be furnished by the Contractor.

8.05 QUALITY ASSURANCE
The City uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. Records and reports of tests the City performs may be examined if they are available at the job site. Contractor shall schedule the work to allow time for QAP testing.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 65 | Page Ramona Garden Park Rehabilitation Project, CIP 1259 SECTION 9. DESCRIPTION OF WORK
The Work, in general, consists of furnishing all materials, labor, equipment, tools, transportation and services for RAMONA GARDEN PARK IMPROVEMENTS PHASE 1 & 2, CIP #1259.

The Base Bid Work includes removal of existing turf, site grading, proposed playground area with rubber surfacing, concrete pedestrian paths, picnic tables, benches, premanufactured restroom building, utility services to restroom, bandshell and concrete stage, concrete seat wall amphitheater, stormwater infrastructure, proposed landscaping and irrigation, site lighting.

Broken concrete or asphalt or other deleterious material is to become the property of the Contractor and shall be disposed of in accordance with the Standard Specifications.

Such other items and details, not mentioned above, that are required by the plans, Standard Specifications or these Special Provisions shall be performed, placed, constructed or installed.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 1 ADAMS ASHBYGROUP
1000 Lincoln Rd H-212
Yuba City, CA 95991
(916) 449-3944 p
(916) 449-3934 f
Department of Housing & Community Development
- CDBG Program
Disadvantaged Business and Section 3
BID Requirements
[email protected] -Brenda
[email protected] -Misti
Appendix A City of Grover Beach- Ramona Park Improvements Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Federal Section 3
FORM 3-DOCUMENTATIONOFQUALITATIVEEFFORTS
This form is required for all Section 3-triggered projects (over $200,000) and must besubmitted with bid or application for funding, as well as with all quarterly or finalcompliance reports that indicate numeric goals were not met. Please fill out this form completely. Attach additional pages if needed.

Project Name Contract Execution Date
Construction
Start Date Today’s Date

1. Describe all efforts made to direct the employment and other economic opportunities generated by HUD financial assistancefor housing and community development programs, to the greatest extent feasible, to Section 3 workers. Attach additional pages if needed.

Attach supporting documentation such as:
• Copies of all publications, notices, pictures of posted notices, and other outreach materials. • List of all Section 3 workers that responded to your outreach efforts (e.g., submitted job applications, phonelogs, etc.); were any of them hired? If not, please explain why. • If not currently hiring and later in the project period end up needing to hire please explain the intended method of filling the position/positions.

2. Describe all efforts made to notify Section 3 businesses of any subcontracting opportunities generated by HUD financial assistancefor this project, to the greatestextent feasible. Attach additional pages if needed.

Attach supporting documentation such as:
• Section 3 Business List used in solicitation.
• List of Section 3 business included in solicitation and documentation of efforts (emails, letters, phone, logs, etc.).
• List of Section 3 businesses that responded to your solicitation and/or outreach efforts; were any of them hired? If not, pleaseexplain why.
• Copies of all publications, notices, pictures of posted notices, and any other outreach material utilized.

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ADAMS ASHBYGROUP
1000 Lincoln Rd H-212
Yuba City, CA 95991
(916) 449-3944 p
(916) 449-3934 f
Department of Housing & Community Development
- CDBG Program
Labor Compliance Manual & Contract Language
Certified Payrolls shall be submitted to:

[email protected] -Brenda
[email protected] -Misti
Appendix B City of Grover Beach- Ramona Park Improvements Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Attached Form Who Page
Contract acknowledgement All Contracts 2 (This Page)
Certification Regarding Debarment All Contracts when project totals $100,000 or More 27 Disadvantaged Business Forms All Contracts 28-29
Race and Ethnic Data Reporting Form All Contracts 30
Drug Free Workplace Certification All Contracts 31
Anti-Lobbying Certification All Contracts 32
Wage Determination Chart All Contracts 36
Provide Unique Entity ID (UEI) from SAM.GOV
PRIME Contractor ONLY
Printed Copy
Fringe Benefit Statement All Contracts 37
DAS 142 Or Verification of Union Status All Contracts with apprenticable Classifications 39
Evidence of Training fees paid All Contracts with apprenticable Classifications
Signature:

UEI:

Name/Address:

Phone:

DIR No.

Date:

EIN:

City/State/Zip:

Email:

CSLB No:

CONTRACT ACKNOWLEDGEMENT
The provisions included in this section are by this reference attached to the bid document, contract, and all sub-contracts associated to this project. The signature provided below acknowledges the references asstated, states understanding, and ensures compliance. This page and all required forms shall be provided to the compliance officer with original blue ink, wet signatures/valid digital signatures(valid digital signatures will have a time/date stamp) prior to construction commencing (This is required for both the General Contractor and all lower tier Sub-Contractors).

Certification of Understanding and
Authorization
All Contracts (To be completed by each
person who processes Certified Payrolls.) 33
Labor Standards and Prevailing Wage
Requirements All Contracts 34-35
Copies of Contracts/Purchase Order/Invoice/Quote with
all Sub-Contractors w/DBE/LCM/Sec.3 requirements
Please Provide All Contracts
At the time of progress payment by the general contractor to the Agency, the following documents shall be submitted by the general contractor to Adams Ashby Group, Inc. for all work performed:

By signing below you acknowledge you have read and understand the provisions included in this document and if applicable the Section 3 appendix made part of this document by this reference, and will ensure the provisions are included in all contracts and sub-contracts connected to the project, and shall comply as outlined. 40-41
All Contracts
38 All Contracts with apprenticable
Classifications
DAS 140 (Evidence of submittal for EACH
appreciable class, to EVERY applicable agency)
WHD 347 Certified Payroll, WHD 348 Statement of
Compliance, and ECPR Confirmation(including
Non-Performances)

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Verification of active SAM.GOV Registration Printed Copy All Contracts
Copy of Invoice & Check
or Agency Letter
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

PROVISIONS / REQUIREMENTS
I. Perform the work in accordance with all applicable federal, state, and local housing and building codes, such as environmental, building, planning, zoning, health and safety, relocation, labor, fair employment, and historic preservation.

II. The provisions included in this document will be made part of each sub-contract associated with this contract including first, second, third etc. tier sub-contractors. A copy of each contract shall be provided showing this as being added to their contract and thecontract is in full force. Failure to provide shall result in withholding of payment until compliance is obtained. Each sub-contractor is required to comply with all provisions herein.

Failure to complywillresult in non-compliance and the Generalwill be held accountableforthe actions of thesubcontractor.

III. Compliance with all requirements of Davis Bacon and Prevailing Wage rules and regulations outlined in the provisions included in this document and state and federal regulations is required to be in compliance with the contract. If the project meets the required exemptions in accordance with California Code, Labor Code - LAB§1720 Section C(5)(E) State Prevailing Wage requirements and related contractual obligations will not be applicable. Failure to provide the required items as outlined herein or requested to support the compliance of such provisions will be determined as non-compliance and payment may be withheld until compliance is attained.

Resources: https://www.hud.gov/sites/documents/4812-LRGUIDE.PDF https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fedprojc.pdf https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1720.

IV. Certification, Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion for LowerTier CoveredTransactions
No contract shall be made to parties on the List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with 2 CFR 200.213 and E. O.’s 12549 and 12689, “Debarment and Suspension.” (Required by the regulations implementing Executive Order 12549 and Executive Order 12689), Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants’ Responsibilities. The regulations were published as Part VII of May 26, 1988 Federal Register (p. 19160 –19211).

Complete the form included on page 27. Prior to allowing any sub-contractor to begin work on the job, Contractor must obtain written approval from the Agency. Contractor will submit name, license number, Department of Industrial Relations registration number, UEI number, active SAM.GOV registration, place of business, and service provided. Contractor will submit copies of all subcontracts, incorporating thesecontract documents by reference, within 10 days of execution.

Contractor will also supply labor standards certifications and insurance certifications for all sub-contractors with sub-contracts.

V. Conflict of interest Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted underthis part, or who arein a position to participatein a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, sub-contract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during theirtenure orfor one(1) yearthereafter.

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VI. Bonding and Insurance Requirements The minimum requirements for contracts exceeding $150,000 for construction shall be as follows:
(A) A Bid Bond or certified check shall be filed with each bid equivalent for 5% of the bid price as assurance that the bidder will, upon acceptance of their bid, execute such contractual documents as may berequired within thespecified time.
(B) A Performance Bond for 100% of the contract price to assure fulfillment of the contractor’s obligations under the contract.
(C) A Payment Bond for 100% of the contract price to assure payment of all persons supplying labor and/ or materials in the execution of the work provided for in the contract.

The Bid Bond must be submitted with the bid and the Performance Bond and Payment Bond must be provided to the owner beforeconstruction begins on the project.

VII. Access of Records and Retention of Records
This section is applicableto all Contracts and Sub-contracts. (A) Access to records. The City/County, sub grantee, Federal grantor agency, The State of California, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, Office of the Inspector General, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor or Sub-contractor which are directly pertinent to this specific contract, forthe purpose of making audit,examination, excerpts, and transcriptions from such records including, but not limited to,Contracts, invoices, materials, payrolls,records of personnel, conditions of employment and any other data relating to matters covered by thiscontract . Such access shall be granted at any time during normal business hours and as often as deemed necessary. (B) Documentation of costs.Allcost shall besupported by properly executed payrolls, time records, invoices, contracts, vouchers, purchase orders, or other accounting documents. All documents pertaining in whole, or part of this contract shall be clearly identified and readily available. (C) Record Retention. All required records must be maintained by the contractor for a period of five years after the grantee makes final payments and to all other pending matters are closed.

VIII. EqualOpportunity Provisions
This section is applicableto all Contracts and Sub-contracts. (A) Minority Business Enterprise (Executive Orders 11625 “Prescribing Additional Arrangements for Developing and Coordination a National Program for Minority Business Enterprise,” dated October 13, 1971 and 12432
“Minority Business Enterprise Development,” dated July 14, 1983) and Women’s Business Enterprise (Executive Order 12138 “Creating a National Women’s Business Enterprise Policy and Prescribing Arrangements for Developing Coordinating and Implementing a National Program for Women’s Business Enterprise,” dated May 18, 1979).

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Affirmative steps must betaken by all contractors to assure small, minority and women owned businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment,construction and services. Affirmative steps shall include thefollowing:

1. Include any such qualified firms on solicitations lists;

2. Assurethat such firms are solicited whenever they are potentialsources;

3. When economically feasible, divide total requirements into smaller tasks or quantities so as to permit such firms maximum opportunities for participation through sub-contracting;

4. Where possible, establish delivery schedules which will encourage such participation; and

5. Keep records of all efforts andresults.
(B) Civil Rights, HCD, and Age Discrimination Act Assurances This section is applicableto all Contracts and Sub-contracts During the performance of this Contract the Contractor assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race,color, national origin,sex, age, or handicap, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964 (42USC 2000d ), TitleI of the Housing and Community Development Act of 1974, as amended (42USC 6101-07), and the Age Discrimination Act of 1975, as amended (42USC 6101-07) which prohibits discrimination on the basis of age and all implanting regulations.
(C) State Nondiscrimination Clause
This section is applicableto all Contracts and Sub-contracts.

1. During the performance of thisAgreement,Contractor and itssub-contractorsshall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin,physical disability (includingHIVandAIDS), mentaldisability,medicalcondition (cancer),age (over 40), marital status, and denial of family care leave.

Contractor and sub-contractors shall insure that the evaluation and treatment of their employees and applicants foremployment are free from such discrimination and harassment. Contractorand sub-contractors shall comply with the provisions of the Fair Employment and HousingAct (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or otherAgreement.

2. The Contractor shall include the nondiscrimination and compliance provisions of this clausein all Sub-contracts to perform work under theContract.

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(D) Equal Employment Opportunity Clause
This section is applicable to all Contracts and Sub-contracts of $10,000 or more Section 202 Equal Employment Opportunity Clause (Executive Order 11246 dated 9/24/65, as amended by Executive Order 1135 dated 10/13/67 and Executive Order 120869 dated 10/5/78, and as supplemented in Department of Labor Regulations (41CFR, Part 60 1.34(b))

1. The contractor will not discriminate against any employee or applicant for employment because of race,color, religion, sex, or national origin. Thecontractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not belimited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. Thecontractor will, in all solicitations or advertisements for employees placedby or on behalf of the contractor, state that all qualified applicants will receive consideration for employmentwithout regard to race,color,religion,sex, or national origin.

3. Thecontractorwillsend to each labor union orrepresentative ofworkers withwhich the contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the noticein conspicuous places availableto employees and applicants for employment.

4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, andwill permit accessto its books,records, and accounts by the administering agency and the Secretary of Laborfor purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the contractor's noncompliance with the discrimination clauses of this contract or with any of thesaid rules, regulations, or orders, thiscontract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or Federally assisted construction contractsin accordancewith procedures authorized in ExecutiveOrder 11246 of September 24, 1965, and such other sanctions may be imposed and remediesinvoked as provided in ExecutiveOrder 11246 of September 24, 1965, or by ruled, regulations, or orders of the Secretary of Labor, or as otherwise provided by law.

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7. The contractor will include the portion of the sentence immediately preceding paragraph (1) andtheprovisionsofparagraphs(1)through(7)in every sub-contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 504 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protectthe interests of the United States.

8. The Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally assisted construction work; provided, that if the applicantso participating is a State orlocal government, the aboveequal opportunity clauseis not applicable to any agency, instrumentality, or subdivision of such government which does not participatein work on or under thecontract.

9. The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and sub-contractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

10. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and Federally assisted construction contracts, pursuant to the Executive Order and willcarry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub-contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refusesto complywith these undertakings, the administering agency may take any or all of the following actions:
cancel, terminate, or suspend in whole or in partthis grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriatelegal proceedings.

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(E) Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity: Executive Order 11246:

This section is applicableto all Contracts and Sub-contracts of $10,000 or more;

1. The Offeror’s or Bidder's attention is called to the"Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.

2. The goals and timetables for minority and women participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered areas are asfollows:

TIMETABLES

GOALS FOR MINORITY

PARTICIPATIONIN EACH
TRADE

GOALS FOR WOMEN

PARTICIPATIONIN EACH
TRADE
April 1, 1981 Until
further notice

24.6%
These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligationsrequired by thespecifications setforth in 41CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and women employment and training must be substantially uniform through the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or women employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

6.9%

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs, U.S. Department of Labor, within 10 working days of award of any construction or sub-contract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification s shall list the name, address, and telephone number of the contractor or subcontractor; estimated starting and completion dates of the contract; and the geographical area in which the contract is to be performed.

4. As used in this notice, and in the contract resulting from this solicitation, the "covered area" map is shown on page 30 of the Section 3 Manual.

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5. OFCCP Contact information:

U.S. Department of Labor for OFCCP 90 7th
Street
Suite # 18-300
San Francisco, CA 94103
(415) 625-7800
(415) 625-7799 (Fax)
(877) 889-5627 (TTY-National Office)
(F) Standard Federal Equal Employment Opportunity Construction Contract Specifications: Executive Order 11246 (41 CFR Part 60-1):

This section is applicableto all Contracts and Sub-contracts of $10,000 or more;

1. As used in thesespecifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted.
b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employeridentification number"meansthe Federalsocialsecuritynumber used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes:
i. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin).
ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless ofrace).
iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, southeast Asia, the Indian subcontinent or the Pacific Islands). iv. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiabletribal affiliations through membership and participation or community identification).

2. Whenever the contractor, or any sub-contractor at any tier, sub-contracts a portion of thework involving any construction trade, itshall physically includein each sub-contract in excess of $10,000 the provisions of these specifications and the notice which containsthe applicable goals for minority and female participation andwhich is set forth in thesolicitations from which this contract resulted.

3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.

S. Department of Labor in thecovered area either individually Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

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or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or sub-contractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other contractors or sub-contractors toward a goal in an approved plan does not excuse any covered contractor's or sub-contractor's failure to take good faith efforts to achieve the plan's goals and timetables.

4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7.a. through 7.p. of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractorshould reasonably be ableto achievein each construction trade in which it hasemployeesin the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or Federally assisted construction contract shall apply the minority and female goals established forthe geographical area wherethe work is being performed.Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement, nor thefailure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.

Department of Labor.

7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as thefollowing:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which thecontractor'semployees are assigned to work. The contractor, where possible, will assign two or more
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women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when thecontractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant andminority orfemalereferral from a union, a recruitmentsource or community organization and ofwhat actionwas taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor bythe union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additionalactions the contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has notreferred to the contractor a minority person or woman sent by the contractor or when thecontractor has otherinformation that the union referral process hasimpeded thecontractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participatein training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approvedby the Department of Labor. The contractor shall provide notice of these programs to thesourcescompiled under 7.b. above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions, including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

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initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providingwritten notification to and discussing thecontractor's EEO policy with other contractors and sub-contractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs.Not laterthan one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitmentsource, thecontractorshallsendwritten notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in theselection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after-school summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60.3.
l. Conduct at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or singleusertoilet and necessary changing facilitiesshall be provided to assure privacy between thesexes. o. Document and maintain a record of all solicitations of offers forsub-contracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations.

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8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(7.a. through 7.p.). The efforts of a contractor association, joint contractor-union, contractor- community, or othersimilar group of which thecontractoris a member and participant,may be asserted as fulfilling any one or more of its obligations under 7.a. through 7.p. of these specifications provided that thecontractor actively participatesin the group,makes every effort to assure that the group has a positive impact on theemployment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of thecontractor. The obligation to comply,however, is the contractor's and failure of such a group to fulfill an obligation shallnot be a defense for thecontractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is under- utilized).

10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin.

11. The contractor shall not enter into any sub-contract with any person or firm debarred from government contracts pursuant to Executive Order 11246.

12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing sub-contracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractorwho failsto carry out such sanctions and penaltiesshall bein violation of these specifications and Executive Order 11246, as amended.

13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

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14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company's EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates ofchanges in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed.

Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall beconstrued as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area resident (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

IX. Clean Air Act, Federal Water Pollution Control Act, and E.O. 11738 This section is applicableto all Contracts and Sub-contracts of $150,000 or more. a. The undersigned agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et. seq., and the Federal Water Pollution Control Act as amended, 33 U.S.C. 1251 et. seq. Violationsshall be reported to the appropriate Regional Office of the Environmental Protection Agency.
b. The undersigned shall include the language of this certification in all contracts and sub-contracts in excess of $150,000.

X. Procurement of Recovered Materials
This section is applicableto all Contracts and Sub-contracts of $150,000 or more. a. In the performance of thiscontract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— • Competitively within a timeframe providing for compliance with thecontract performance schedule • Meeting contract performance requirements; or
• At a reasonable price
b. Information about this requirement, along with thelist of EPA designated items, is Available at EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program c. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
XI. Certification of Understanding and Authorization
This section is applicableto all Contracts and Sub-contracts Complete and return form provided on page 33 hereto attached and incorporated into this contract and sub-contracts.

Thisisto certify thatthe principals, and the authorized payroll officer, below, haveread and understand the Minutes of the Pre-Construction Conference, the applicable State and/or Federal Labor Standards clauses pertaining to the subject project and the U.S. Department of Labor and/or State Department of Industrial Relations' wage determinations and select the following for the presented project.

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XII. Anti-Lobbying Certification
This section is applicableto all Contracts and Sub-contracts. Form on Page 32 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 24 CFR Part 87 and Section 1352, U.S. Code. Any person who makes an expenditure prohibited by this part shall be subject to a civil penalty of not less than $20,489 and not more than $204,892 for each such expenditure. Any person who fails to file or amend the disclosure form (see appendix B of this part) to be filed or amended if required by this part, shall be subject to a civil penalty of not less than $20,489 and not more than $204,892 for each such failure.

Contractorcertifies, to the best of his or her knowledge or belief, that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

C. Thelanguage of this certification shall beincluded in all award documents for all sub-awards at all tiers (including Sub-contracts, sub-grants, and Contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this ttransaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. code. Any person who fails to file the required certification shall be subject to a civil penatly of not less that $10,000 and not more than $100,000 for such failure.

XIII. Child Support Compliance Act
This section is applicableto all Contracts and Sub-contracts of $100,000 or more. Contractor acknowledges and agrees to thefollowing:

The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and the
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Contractor, to the best of his/her knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department
XIV. Workers’’ Compensation, Unemployment, Disability and Liability Insurance This section is applicableto all Contracts and Sub-contracts The Contractor shall have and maintain in full force and effect during the term of this agreement such forms of insurance, at such levels, as may be determined by the City/County and the State to be necessary for specific components of the grant activity, including, but not limited to, worker’s compensation insurance, unemployment insurance, disability insurance and liability insurance.

XV. Reporting
This section is applicableto all Contracts and Sub-contracts Contractor and sub-contractors shall provide regular reports to Adams Ashby Group compliance officer.

Reports to be submitted to granting agency shall be provided to compliance officer in a reasonable time to allow for review and corrections prior to submittal to the granting agency.

Within 5 days of Notice of Award, Contractor and all Sub-contractors, including lower tier sub-contractors, will supply:
• Certificate of Understanding and Authorization (Pg. 33) • Contractors Certification Regarding State Labor Standards(Pg. 34-35) • Fringe Benefit Statement (Pg. 37)
• Anti-lobbying Statement (Pg. 32)
• WageDetermination Chart (Pg. 36)
Detailed Classification Identification to be completed for all covered classifications anticipated for the project. When applicable, a comparison between Federal and State wages will be required to ensure the highest rate is paid for the project.
• Insurancecertificates-liability, auto and workerscomp with contractor or City as additional insured • Signed Sub-Contract agreement/Quote/Purchase order
• Drug-free Workplace Certification (Pg. 31)
XVI. CertifiedPayrolls
a. Contractor will submit a Certified Payroll Report and Federal Statement of Compliance with original blue ink, wet signature or valid digital signature (valid digital signatures will have a time/date stamp) within seven days of the end of payroll period. This includes if applicable, the required E-CPR filedwith the State ofCaliforniaDIR electronic payroll submittal process (PWC-100). b. Contractor will supply all back up documentation for all deductions including “other” c. When the project is subject to State and Federal Davis Bacon requirements. When there is a difference between the State and federal prevailing wage rate, the contractor must pay the higher rate.
d. Labor Compliance Reports (LCR) will beissued monthly, and a response will berequired within 7 days of report issuance.

Contractors and Sub-contractors understand and agree to supply upon request any additional information that may be needed for better understanding and/or required in order to comply with state and federal statutory and regulatory requirements.

XVI. Drug-Free Workplace. Contractor certifies that it shall provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988, as amended. See Form provided on Pg. 31 Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

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XVII. Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises oris developed in the courseof or under such contract.

This section is applicableto all Contracts and Sub-contracts City/County is the owner of all records and information created, produced, or generated as part of the services performed underthisAgreement. City/County isthe owner of any invention or discovery that is produced during the time of this contract and related to the project. At any time during theterm of this Agreement, at the request of City/County, Contractor and/or sub-contractor shall deliver to City/County all inventions, findings, writings, records, and information created or maintained pursuant to this Agreement. The term "writings" includes, but is not limited to, handwriting, typewriting, computer files and records, drawings, blueprints, printing, photostatting, photographs, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, symbols, electronicfiles or combinationsthereof.

XVIII. Awarding agency requirements and regulations pertaining to copyrights and rights in data.

This section is applicableto all Contracts and Sub-contracts (a) Definitions. As used in thisclause—
“Data” means:

Recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. “Unlimited rights” means:

The rights ofthe City/County to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.
(b) Allocation of Rights.
(1) The City/County shall have—
(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of thisclause.
(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause. (iii) The right tolimit the release and use of certain data in accordance with paragraph (d) of this clause.
(2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, theright to assertclaimto copyrightsubsisting in data first produced in the performance of this contract.
(c) Copyright—
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subsisting in any data first produced in the performance of this contract without prior written permission of the contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of City/County sponsorship (including contract number) to the data when delivered to the City/County, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the City/County, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the County. (ii) If the City/County desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee. (2)Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the City/County, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause. (d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.
(e) Indemnity. The Contractor shall indemnify the City/County and its officers, agents, and employees acting for the City/County against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of thecreation, delivery, publication, or use of any data furnishedunderthiscontract;or anylibelousorotherunlawfulmatter containedin such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicablelaws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor’s consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished tothe Contractor by the City/County and incorporated in data to which thisclause applies.

XIX. Energy Efficiency.

The Contractor shall comply with mandatory standards and policies relating to energy efficiency which arecontained in the California energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).

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XXI. Federal Labor Provisions(HUD 4010) Thissection is applicableto all Contracts and Sub-contracts Federal Wage Determination assigned to this project: CA20240012 12/06/2024 Mod#17 attached hereto by reference.

XXII. The Project or Program to which the construction work covered by thiscontract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are includedin thisContract pursuanttotheprovisionsapplicabletosuch Federal assistance.

A. 1. (i) Minimum Wages. All laborers and mechanicsemployed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949inthe construction or development ofthe project),will bepaidunconditionallyand not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of LaborundertheCopelandAct(29CFRPart 3), thefull amountofwagesand bonafidefringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than thosecontained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to beconstructively made orincurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4).

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll record accurately set forth the timespent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the DavisBacon poster (WH-1 321) shall be posted at all times by the contractor and its sub-contractors at thesite of the work in a prominent and accessible place where it can be easily seen by the other workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met
The contractor is encouraged to implement green infrastructure policies to the extent practicable and is encouraged, where appropriate, to utilize construction methods that emphasize high quality, durability, energy efficiency, a healthy indoor environment, sustainability, and water or mold resistance, including how it will support adoption and enforcement of modern building codes and reduction of hazard risk, including possible sea level rise, storm surge, and flooding. All rehabilitation, reconstruction, and new construction should be designed to incorporate principles of sustainability, including water and energy efficiency, resilience, and mitigating the impact of future disasters. Whenever feasible, the contractor should follow best practices such as those provided by the U.S. Department of Energy Home Energy Professionals: Professional Certifications and Standard Work Specifications.

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(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) Theclassification is utilized in the area by theconstruction industry; and (3) The proposed wage rate, including any bona fidefringe benefits, bears a reasonable relationship to the wagerates contained in the wagedetermination.
(4) If thecontractor and thelaborers and mechanics to beemployed in theclassification (if known), or their representatives. and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designeeto the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD orits designee within the 30-day period that additional timeis necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)
(5) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification andwagerate (including the amount designated forfringe benefits, where appropriate), HUD or its designee shall refer the questions,including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
(6) The wage rate(including fringe benefits where appropriate) determined pursuant to subparagraphs(1) (b) or(c) of this paragraph,shall be paid to all workers performingwork in the classification under this contract from thefirst day on which work is performed in theclassification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fidefringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanicthe amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of thecontractor, that the applicable standards of the Davis-Bacon Act have been met The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further
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payment advance or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis- Bacon Act contracts.

3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker. his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section I (b)(2)(B) of the Davis-Bacon Act the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrollsto HUD or its designeeif the agency is a party to the contract but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-WO14-1), U.S. Government Printing Office, Washington, DC. 20402. The prime contractor is responsible for thesubmission of copies of payrolls by all sub-contractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (WH-347 is included on pages 40).
(b) Each payroll submitted shall be accompanied by a "Statement of Compliance(WH-348 is included on pages 41)," signed by the contractor or sub-contractor or his or her agent who pays or supervises the payment of the persons employed under thecontract and shallcertify thefollowing:
(1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into thecontract
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(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of thissection.
(d) The falsification of any of the above certifications may subject the contractor or sub-contractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231of Title 31 of the United States Code. (iii) The contractor or sub-contractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or sub-contractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds. Further- more, failure to submit the required records upon request or tomake such records available may be grounds for debarment action pursuant to 29 CFR Part5.1 2.

4. (i) Apprentices and Trainees. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment asan apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess ofthe ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or sub-contractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training Administration. The Ratio of trainees to journeymen Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

Page 23 ends

on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.

If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which areincorporated by referencein thiscontract.

6. Sub-contracts. The contractor or sub-contractor will insert in any sub-contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the sub-contractors to include these clauses in any lower tier sub-contracts.

The prime contractor shall be responsible for the compliance by any sub-contractor or lower tier sub-contractor with all the contract clauses in 29 CFR Part 5.5.

7. Contract Termination; debarment. A breach of thecontractclausesin 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a sub-contractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by referencein this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not besubject to the general disputesclause of thiscontract Such disputes shall be resolved in accordancewith the procedures oftheDepartment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its sub-contractors) and HUD or its designee, the U.S. Department of Labor, or theemployees or their representatives.

10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participatein HUD programs pursuant to 24 CFR Part 24. (ii) No part of thiscontract shall besub-contracted to any person orfirm ineligiblefor award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

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(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of influencing in any way the action of such Administration makes, utters or publishes any statement knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both."

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any sub-contractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to hisemployer.

B. Contract Work Hours and Safety Standards Act. As used in this paragraph, theterms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements.No contractor orsub-contractorcontracting for any part of thecontract work which may require or involve theemployment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanicreceivescompensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, thecontractor and any sub-contractor responsiblethereforeshall beliablefor the unpaid wages. In addition, such contractor and sub-contractorshall beliableto theUnited States(in thecase of work done under contract for the District of Columbia or a territory, to such District or to such territory, forliquidated damages. Such liquidated damagesshall becomputedwith respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in sub- paragraph (1) of this paragraph, in the sum of $1 0 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account ofwork performed by the contractor orsubcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally-assisted con- tract subject to the Contract Work Flours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or sub-contractor for unpaid wages and liquidated damages as provided in the clauseset forth in subparagraph (2) of thisparagraph.
(4) Sub-contracts. Thecontractor or sub-contractorshall insert in any sub-contracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring thesub-contractors to include theseclauses in any lower tier sub-contracts. The prime contractor shall be responsible for compliance by any sub-contractor or lower tier sub-contractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

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C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91 -54, 83 Stat 96). (3) The Contractorshall includethe provisions of thisArticlein every sub-contractso that such provisions will be binding on each sub-contractor. The Contractor shall take such action with respect to any sub-contract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

D. Company Sponsored Benefit Plans
Company sponsored benefit plans must be approved in writing by the Department of Labor. Documentation of such approval will besubmitted within ten days ofcontractexecution. Any deduction related to unapproved plans will require signed authorization from the employeeto accompany the first payroll wherethe deduction is listed.

XXII. STATE LABOR STANDARDS PROVISIONS
This section is applicable to all Contracts and Sub-contracts unless the project meets the exemption provided in Section III.

State prevailing wage ratesshall apply when the State wage rate is higherthan the Federal wage rate. All contractors and sub-contractors are subject to the application of Section 1720 et seq. of the California Labor Code which details the regulations and procedures governing the payment of State prevailingwages. This project is also subject to the following California Labor Codes, 1771 et seq., 1774, 1775, 1776, 1777, 1778, 1779, 1810-1815 et seq., and 1861 et seq.

All contractors and sub-contractors are subject to the provisions of Section 3700 of the California Labor Code which requires that every employer be insured against liability for workers' compensation orto undertakeselfinsurancein accordancewith theprovisionsofthecode. Allcontractors and sub-contractors aresubject to the provisions of Sections 1810-1814 of the California Labor Code which provide that the maximum hours a worker is to be employed is limited to eight hours a day and 40 hours a week and thecontractor or sub-contractorshall forfeit, as a penalty, $25 foreach worker employed in theexecution of the contract foreach calendar day during which a workeris required or permitted to labor morethan eight hours in any calendar day ormorethan 40 hoursin any calendarweek and is not paid overtime. Section 1815 of the California Labor Code requires that notwithstanding the provisions of Sections 1810-1814, employees ofcontractorswhowork in excess ofeight hours per day and 40 hours perweek shall becompensated for all hoursworked in excess ofeight hours per day at not less than l-l/2 timesthe basic rate of pay.

All primary contractors and sub-contractorswho arelisted on a bid proposalfor a publicworks project must be registered with the Department of Industrial Relations. This is in accordance with LaborCodesection 1771.1(a).No primary contractor orsub-contractorcan be awardeda public works contract unless registered with the Department of Industrial Relations (Labor Code section 1725.5). Link for registration and additional information is provided below: http://www.dir.ca.gov/Public-Works/Contractors.html XXIII. Contractor’s/Sub-Contractor’s Concerning Labor Standards and PrevailingWage Requirements This section is applicable to all Contracts and Sub-contracts unless the project meets the exemption provided in Section III.

Complete a wagecomparison chart using both State and Federal wage rates and return within 10 days of Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

Page 26 ends

award for approval. It is the responsibility of the contractor to compare both Federal and State wages to determine and pay the higher of the two.

NO HELPER CLASSIFICATIONS ARE ALLOWED ON THIS PROJECT.

XXIV. Other Provisions
Owner Operators: All owner operators must either be added to the General Contractors payroll and processed as an employee of the General -OR- owner operator must submit certified payrolls to the General for review. The General Contractor shall review for accuracy then sign the Statement of Compliance.

Trucking Brokers: Trucking brokers will not be allowed on the project. If the operator is an employee of the brokers agency and the agency is a licensed contractor, then the Broker Agency would be the sub-contractor and provide all of the required documents as outlined herein and perform as a sub-contractor.

Architectural Barriers Act and the Americans with Disabilities Act § 570.487 Other applicable laws and related program requirements.

Lead-Based Paint Poisoning Prevention Act. (EXISTING HOUSING ONLY) States shall devise, adopt and carry out procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title.

If applicable, Contractor shall comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the implementing regulations in 24 CFR part 75. Section 3 requires that employment and other economic opportunities arising in connection with housing rehabilitation, housing construction, or other public construction projects shall, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, be given to low- and very low-income persons. (SEE

APPENDIX PROVIDED AND IS HERETO ATTACHED BY THIS REFERENCE) Architectural Barriers Act and the Americans with Disabilities Act. (ALL CONSTRUCTION CONTRACTS) The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally-funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated under this subpart after November 21, 1996 and that meets the definition of residential structure as defined in 24 CFR 40.2, or the definition of building as defined in 41 CFR 101-19.602(a), is subject to the requirements of the Architectural Barriers Act of 1968 and shall comply with the Uniform Federal Accessibility Standards. For general type buildings, these standards are in appendix A to 41 CFR part 101-19.6. For residential structures, these standards are available from the Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Disability Rights Division, Room 5240, 451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-2333 (voice) or (202) 708-1734 (TTY) (these are not toll-free numbers). [57 FR 53397, Nov. 9, 1992, as amended at 59 FR 33894, June 30, 1994; 60 FR 1916, Jan. 5, 1995; 61 FR 54922, Oct. 22, 1996; 64 FR 50225, Sept. 15, 1999; 80 FR 42367, July 16, 2015] Build America, Buy America Act. (ALL CONSTRUCTION CONTRACTS) This project must comply with the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver if applicable, this requirement must be met for the proposed project.

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CONTRACTOR FRINGE BENEFIT STATEMENT
Contract Number / Name: Contract Location: Today's Date:

Contractor / Subcontractor Name: Business Address:

In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees on the various classes of work are tabulated below.

Classification: Effective Date: Subsistence or Travel Pay:
$
Health & $ PAID TO: Name:

Welfare Address:

Pension $ PAID TO: Name:

Address:

Vacation/ $ PAID TO: Name:

Holiday Address:

Training $ PAID TO: Name:
and/or Other Address:

Classification: Effective Date: Subsistence or Travel Pay:
$
Health & $ PAID TO: Name:

Welfare Address:

Pension $ PAID TO: Name:

Address:

Vacation/ $ PAID TO: Name:

Holiday Address:

Training $ PAID TO: Name:

And/or Other Address:

Classification: Effective Date: Subsistence or Travel Pay:
$
Health & $ PAID TO: Name:

Welfare Address:

Pension $ PAID TO: Name:

Address:

Vacation/ $ PAID TO: Name:

Holiday Address:

Training $ PAID TO: Name:

And/or Other Address:

FRINGE BENEFITS FRINGE BENEFITS FRINGE BENEFITS
Supplementalstatements must be submitted during the progress of work should a change in rate of any of the classifications be made. Submitted:

Contractor / Subcontractor By: Name / Title
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.

Signature Date
Typed Name
Title
State of California - Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS DAS 140 (REV. 1/04)

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PUBLIC WORKS CONTRACT AWARD INFORMATION
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/das/PublicWorksForms.htm for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.

Do not send this form to the Division of Apprenticeship Standards.

NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO
MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.

NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED

DATEOF EXPECTED OR ACTUAL START OF PROJECT

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS

OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS

APPROXIMATE DATES TO BE EMPLOYED
This is not a request for dispatch of apprentices.

Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One of The Boxes Below

1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee

2. We will comply with the standards of
Apprenticeship Committee for the duration of this job only. Enter name of the Committee

3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D REQUEST FOR DISPATCH OF AN APPRENTICE – DAS 142 FORM

DO NOT SEND THIS FORM TO DAS
You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of journeyworkers work, you must request and employ apprentices in no less than 8 hour increments.

List one occupation/craft per form
Date:
_____________________

To Applicable Apprenticeship Committee:

Name:

Address:

Tel. No. Fax No.

Contractor Requesting Dispatch:

Name:

Address:

License No.

PWC Registration Number:

Tel. No. Fax No.

Project Information: PWC Project Number _________________ Contract Number __________________________ Total Contract Amount. _____________________________ Sub-Contract Amount ___________________________ Name ofthe Project:

Address:

Dispatch Request Information:

Number of Apprentice(s) Needed: Craft or Trade:

Date Apprentice(s) to Report: (72 hrs. notice required) Timeto Report:

Name of Person to Reportto:

Address to Reportto:

You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprenticeship requests and/or
visit https://www.dir.ca.gov/das/PublicWorksForms.htm
DAS 142 (Revised 10/18)
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D NO. OF
WITHHOLDiNGEXEMPTIONS
U.S. Department of Labor
Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Rev. Dec. 2008 NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.1235-0008 Expires: 01/31/2015
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (1)

NAME AND INDIVIDUAL IDENTIFYING NUMBER
(e.g., LAST FOUR DIGITS OF SOCIAL SECURITY

NUMBER) OF WORKER
(2) (3)
WORK

CLASSIFICATION
OT. OR ST.
(4) DAY AND DATE (5)
TOTAL
HOURS
(6)
RATE
OF PAY
(7)
GROSS
AMOUNT
EARNED
(8)

DEDUCTIONS
(9)
NET
WAGES
PAID

FICA FOR WEEK
WITHHOLDING

TAX OTHER
TOTAL

HOURS WORKED EACH DAY DEDUCTIONS
O
S
O
S
O
S
O
S
O
S
O
S
O
S
O
S
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.

Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.

Washington, D.C. 20210
(over)

PAYROLL

Page 40 ends

0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Date
I,
(Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by on the
(Contractor or Subcontractor)
; that during the payroll period commencing on the
(Building or Work)
day of , , and ending the day of , ,
all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
(2) That any payrolls otherwise under this contract required to be submitted for t he above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS − in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe bene fits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
− Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS

EXCEPTION (CRAFT) EXPLANATION
REMARKS:

NAME AND TITLE SIGNATURE

THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.

Page 41 ends

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

THIS PAGE IS INTENTIALLY LEFT BLANK
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D "General Decision Number: CA20240012 12/06/2024
Superseded General Decision Number: CA20230012
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: San Luis Obispo County in California.

BUILDING, DREDGING (does not include hopper dredge work), HEAVY (does not include water well drilling, AND HIGHWAY

CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 01/19/2024
3 02/09/2024
4 02/23/2024
5 03/08/2024
6 05/24/2024
7 06/28/2024
8 07/05/2024
9 08/09/2024
10 08/16/2024
11 08/23/2024
12 09/06/2024
13 09/13/2024
14 09/20/2024
15 10/18/2024
16 11/08/2024
17 12/06/2024
ASBE0005-002 09/01/2023
Rates Fringes
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97 20.36
---------------------------------------------------------------- ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37
---------------------------------------------------------------- Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D BOIL0092-004 01/01/2024
Area within a 25 mile radius of City of Santa Maria
Rates Fringes
BOILERMAKER......................$ 51.98 42.11
---------------------------------------------------------------- BOIL0549-007 01/01/2021
Remainder of County outside a 25 mile radius of City of Santa Maria
Rates Fringes
BOILERMAKER......................$ 45.60 38.99
---------------------------------------------------------------- * BRCA0004-006 05/01/2024
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 45.53 20.29
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D ---------------------------------------------------------------- BRCA0018-008 06/01/2023
Rates Fringes
MARBLE FINISHER..................$ 40.21 15.23
TILE FINISHER....................$ 34.78 13.64
---------------------------------------------------------------- BRCA0018-011 06/01/2023
Rates Fringes
TILE LAYER.......................$ 48.29 19.18
---------------------------------------------------------------- * CARP0213-001 01/01/2024
Rates Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 48.86 22.88
(2) Millwright..............$ 49.36 22.88
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 48.99 22.88
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 40.77 22.38
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Amounts in ""Rates' column are per day
---------------------------------------------------------------- * CARP0213-004 01/01/2024
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 48.86 22.88
STOCKER/SCRAPPER............$ 20.80 9.97
---------------------------------------------------------------- CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15
---------------------------------------------------------------- ELEC0639-001 01/01/2024
Rates Fringes
Electricians
Wireman/Technician..........$ 53.50 23.61
FOOTNOTES:

CABLE SPLICER: 10% additional per hour above
Wireman/Technician basic hourly rate.

Work from trusses, swinging scaffolds, open ladders,
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D scaffolds, bosun chairs, stacks or towers, where subject to a direct fall from the ground floor or support structure from a distance of fifty (50) feet to ninety (90) feet: to be paid time and one-half. Work from trusses, swinging
scaffolds, open ladders, scaffolds, bosun chairs, stacks or towers, where subject to a direct fall from the ground
floor or support structure from a distance over ninety (90) feet: to be paid double the regular straight time rate of pay. Where workers are required to work under compressed air or in areas where injurious gases, dust or fumes are present in amounts necessitating the use of gas masks or self-contained breathing apparatus (particle masks are not considered self-contained breathing apparatus) or where workers work on poles at a distance of seventy-five (75) feet or more from the ground: to be paid a bonus of
straight time pay. This shall be at a minimum of one hour, and thereafter, each succeeding hour or fraction thereof shall constitute an hour at the bonus rate. Tunnel work:
to be paid at the time and one-quarter hourly rate.

All employers may request workmen to report direct to a job within a free zone to include everything west of ten (10) miles east of Highway 101, as the crow flies, and then (10) miles north and south of Highway 46, as the crow flies, to the junction of Highway 41 and Highway 46. Everything
outside this area shall be paid at full subsistence provide said job is of five (5) days duration or more and provide there is storage on the job for the Employee's tools. The Employer will be responsible for loss of tools under such Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D circumstances. (Road: The most direct route on a surfaced road).

On all jobs or projects outside the free zone, as stated above, Employees may be required to report to the job site in their own transportation at the regular starting time and remain on the job site until the regular quitting time and these shall be paid at fifty dollars ($50.00) per day or fifty-one cents ($0.51) per mile for each road mile from shop to job and job to shop (round trip). (Day worked shall mean at least four (4) hours on the job unless sent home on account of weather, emergency, sickness, or injury).

The Employer shall pay for traveling time and furnish
transportation from shop to job, job to job, and job to shop. Travel time shall be at the appropriate rate of pay for that day of the week. (Monday through Friday, straight time, Saturday and Sunday, double time.)
---------------------------------------------------------------- ELEC0639-003 07/01/2024

COMMUNICATIONS AND SYSTEMS WORK

SAN LUIS OBISPO COUNTY
Rates Fringes
Communications System
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Installer...................$ 47.00 16.99
Technician..................$ 30.89 11.66
SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial,
educational, security and entertainment purposes for the following: TV monitoring and surveillance, background - foreground music, intercom and telephone interconnect,
microwave transmission, multi-media, multiplex, nurse call systems, radio page, burglar alarms and fire alarm (see last paragraph below).

Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above
listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function;
excluding all other data systems or multiple systems which include control function or power supply; excluding
installation of raceway systems, conduit systems, line
voltage work, and energy management systems.

Fire alarm work shall be performed at the current inside electrician total cost package.
---------------------------------------------------------------- ELEC1245-001 06/01/2024
Rates Fringes
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.46
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30 22.01
(3) Groundman...............$ 40.76 21.51
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0008-003 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 80.76 37.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-004 08/01/2024
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 38.75
(2) Dredge dozer............$ 58.13 38.75
(3) Deckmate................$ 58.02 38.75
(4) Winch operator (stern
winch on dredge)............$ 57.47 38.75
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 38.75
(6) Barge Mate..............$ 57.54 38.75
---------------------------------------------------------------- ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant
operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled);
Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber-tired earth-moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck);
Rubber-tired earth-moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John
Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type
larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck) Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)

TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator

ENGINEERS ZONES
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:

That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.

Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.

Continue S to SW corner of T9N, R7W, SBM. Continue E along Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.

Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.

Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:

That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.

Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.

Continue E along the south edge of T9N, SBM to the Santa Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.

Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:

That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.

Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.

Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.

Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.

REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- IRON0433-006 01/01/2024
Rates Fringes

IRONWORKER
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Fence Erector...............$ 42.53 26.26
Ornamental, Reinforcing
and Structural..............$ 47.45 34.90
PREMIUM PAY:
$9.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0220-001 07/01/2022
Rates Fringes

LABORER (TUNNEL)
GROUP 1.....................$ 45.68 23.30
GROUP 2.....................$ 46.00 23.30
GROUP 3.....................$ 46.46 23.30
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D GROUP 4.....................$ 47.15 23.30

LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04

LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D (nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal

TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete,
etc.);
GROUP 2: Bull gang mucker, track person; Chucktender,
Cabletender; Concrete crew, including rodder and spreader; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller)
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO0220-004 07/01/2022
Rates Fringes
Brick Tender.....................$ 37.32 21.45
---------------------------------------------------------------- LABO0300-005 07/01/2024
Rates Fringes
Asbestos Removal Laborer.........$ 43.88 25.13
SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D LABO0345-001 07/01/2022
Rates Fringes

LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D GROUP 3: Reboundmen
---------------------------------------------------------------- LABO1184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25
(4) Electronic Tracking
Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32

LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
---------------------------------------------------------------- Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D LABO1414-001 08/03/2022
Rates Fringes

LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-007 07/01/2023
Rates Fringes
Painters:
(1) Repaint Including Lead
Abatement...................$ 25.40 15.87
(2) High Iron & Steel.......$ 32.12 16.03
(3) Journeyman Painter
including Lead Abatement....$ 36.44 18.58
(4) Industrial..............$ 41.42 19.04
(5) All other work..........$ 36.44 18.58
REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.

HIGH IRON & STEEL:

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Aerial towers, towers, radio towers, smoke stacks, flag poles (any flag poles that can be finished from the ground with a ladder excluded), elevated water towers, steeples and domes in their entirety and any other extremely high and hazardous work, cooning steel, bos'n chair, or other similar devices, painting in other high hazardous work shall be classified as high iron & steel
---------------------------------------------------------------- PAIN0036-008 09/01/2024
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 49.33 26.82
---------------------------------------------------------------- PAIN0169-002 01/01/2023
Rates Fringes
GLAZIER..........................$ 44.33 28.88
---------------------------------------------------------------- PAIN1247-002 01/01/2024
Rates Fringes
SOFT FLOOR LAYER.................$ 43.20 18.03
---------------------------------------------------------------- PLAS0200-001 08/03/2022
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Rates Fringes
PLASTERER........................$ 47.37 19.64
---------------------------------------------------------------- PLAS0500-002 07/01/2023
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 44.00 27.11
---------------------------------------------------------------- PLUM0016-001 09/01/2024
Rates Fringes

PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 57.67 25.63
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 44.24 23.96
All other work except work
on new additions and
remodeling of bars,
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 59.48 26.61
---------------------------------------------------------------- PLUM0345-001 09/01/2023
Rates Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
---------------------------------------------------------------- ROOF0036-002 08/01/2024
Rates Fringes
ROOFER...........................$ 49.43 20.58
FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D ---------------------------------------------------------------- SFCA0669-014 01/01/2024
Rates Fringes
SPRINKLER FITTER.................$ 44.32 27.83
---------------------------------------------------------------- SHEE0273-002 08/01/2019
Rates Fringes
SHEET METAL WORKER...............$ 45.48 30.05
HOLIDAYS: New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Indepdendence Day, Labor Day, Veterans Day,Thankisgiving Day & Friday after,
Christmas Day
---------------------------------------------------------------- TEAM0011-002 07/01/2024
Rates Fringes

TRUCK DRIVER
GROUP 1....................$ 39.59 34.34
GROUP 2....................$ 39.74 34.34
GROUP 3....................$ 39.87 34.34
GROUP 4....................$ 40.06 34.34
GROUP 5....................$ 40.09 34.34
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D GROUP 6....................$ 40.12 34.34
GROUP 7....................$ 40.37 34.34
GROUP 8....................$ 40.62 34.34
GROUP 9....................$ 40.82 34.34
GROUP 10....................$ 41.12 34.34
GROUP 11....................$ 41.62 34.34
GROUP 12....................$ 42.05 34.34
WORK ON ALL MILITARY BASES:

PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]

TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D new survey is conducted.

Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

State Adopted Rate Identifiers
Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
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WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION"
Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D 1 ADAMS ASHBY GROUP
1000 Lincoln Rd H-212
Yuba City, CA 95991
(916) 449-3944 p
(916) 449-3934 f
Department of Housing & Community Development
- CDBG Program
Section 3 Requirements & Forms
[email protected] -Brenda
[email protected] -Misti
Appendix C City of Grover Beach- Ramona Park Improvements Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D Docusign Envelope ID: 8230EFDA-CE56-4741-A83A-7511A941761D

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Grover Beach City CouncilApril 14, 2025

Grover Beach City Council
April 14, 2025